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Home My WebLink AboutR-99-0456a f J-99-550 6/15/99 RESOLUTION NO. 9 4 4 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING THE RELEASE OF A ZONING COVENANT RUNNING WITH THE LAND, DATED NOVEMBER 1, 1972, RECORDED IN THE OFFICIAL RECORDS OF MIAMI-DADE COUNTY, FLORIDA, IN OFFICIAL RECORD BOOK 7983, AT PAGE 819, UNDER CLERK'S FILE NO. 72R254640, FOR THE PROPERTY LOCATED AT 1629 NORTHWEST 14TH STREET, MIAMI, FLORIDA, FOR THE PURPOSE OF REDEVELOPING THE PROPERTY AS AFFORDABLE HOUSING. WHEREAS, the property located at 1629 Northwest 14th Street, Miami, Florida, more particularly described on attached Exhibit "A" (the "Property") is subject to a zoning covenant (the "Zoning Covenant"), dated November 1, 1972, recorded in the Official Records of Miami -Dade County, Florida, in Official Record Book 7983, at Page 819, under Clerk's File No. 72R254640, (attached as Exhibit "B"), by which Zoning Covenant the owner of the property acknowledged and agreed that said Property would be developed in accordance with a certain development plan attached thereto; and WHEREAS, Greater Miami Neighborhoods, Inc., a non-profit affordable housing developer, has made a written request for the IATTACHMENT COX TAI NE D CITY coleam N 1KEEMG CIF J U N 2 2 1999 Revolution No. ��- 4-L release of said Zoning Covenant in order to develop the Property as affordable housing; a copy of which is attached hereto and made a part hereof as Exhibit "C"; and WHEREAS, the Department of Planning and Development has reviewed the request and recommends the release of the Zoning Covenant as set forth on Exhibit "D" attached hereto and made a part hereof; 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; 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 November 1, 1972, recorded in the Official Records of Miami -Dade County, Florida, in Official Record Book 7983 at Page 819, under Clerk's file No. 72R254640, 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 - 2 - 99- V56 property located at 1629 Northwest 14th Street, Miami, Florida, more particularly described on Exhibit "A", attached hereto and made a part hereof, to allow said Property to be developed as affordable housing. Section 3. This Resolution shall become effective immediately upon its adoption." PASSED AND ADOPTED this 22nd day of June 1999. JOE CAROLLO, MAYOR 'r !-ccordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of !ation by signin! !i in the designated place providad, said legislation now �.::�r; ifective with tl;. -.lapse often (10) days �m t date of G'oissicn action egarding same, without the Mayor e ercish v o. ATTEST: alt J. ernan, City Clerk WALTER J. FOEMAN, CITY CORRECTNESS:2tj 7:GMM:BSS:hdb 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 - �9- 41" Lots 1 through 6, inclusive, Block 6, of SOUTH ALLAPATTAH MANOR, according to the Plat thereof, as recorded in Plat Book 16 at Page 6 of the Public Records of Dade County, Florida. EXHIBIT "All 99-5G 6�1U sic 7983 �� 4519 FaStkqq 7ll'td5� -12 to t 2030.01 10/16/72 n COVENANT RUNNING WIT11 THE LAND THIS AGREZMENT Made and entered into by WILLIAM M. FORTHMAN, joined by MARy ALICE FORTHMAN, his wife, MUCH J. FORTHMAN, joined by CHIRLEY FORTWAN, his wife, GIL89RT B. SNYDER and NATALIE SNYDER* his wife, and EOWARD L. GORDON, indiv'dually and as Trustce. a ■Lngll IMnI w I T N E S S t T M t WHERCAS, the parties hereto are all of the owners of the following described property lying and being in the City of Kiaai. Cade County, Florida, to -wit: Lots 1 through f, inclusive. block i, of SOUTH ALLAPATTAM MANOR, according to the Plat thereof. as recorded in Plat Book 16 at Page i of the Public Records of Dade county, Florida, and WHEREAS, the City of Miami, Florida, has requested the execution of thin Covenant Running with the Land. NOW, THEREFORE, XNOW ALL MEN BY THCSE PRBSOM that for and in consideration of the sum of TEN (f10.00) DOLLARS and other good and valuable considerations to then in hand paid, receipt whereof is hereby acknowledged, the parties hersinabove named, for thowelvei, their successors and assigns, do hereby Covenant and agree with the said City of Miami. Florida, that any developnient on the above described property shall be, and the said property and any irproveaents thereon shall be maintained, substantially in accordance with the Plot Plan and Landscaping Plan prepared by JORGE ARANGO, Copies of which are attached hereto. THZ5 AGRZI;kCHT shall remain in full force and affecr, as a covenant running with the land, %silo■• and until it is released or terminated by action of the City of Miami, Florida, by and through its Board of City Commissioners, and their successors in office, and upon such release and tenaination by ! EXHIBIT " B" 9 " 4 ;; t 798►c 820 the City. aforesaid, shall be of no further forte or effect. ZN WITNCSS WHEREOF, the parties hereinabove named have executed those presents this _day of 1971. 2n the presence oft P ��t•--�/�/C %ll•?�r�-.Ism) i f 9 I.• Jl's. - •. ' a �.. w , • W&JLA&aM W and 11aty i0Y . CL RTII N Alice roruumn) / , TO.ana �r HUGH FORTHMM J..�t�_ r1 (SEAL) As t• mw J. ey "R71tiN�f __ ro rtMan ) r(�iTti6Y a to U.Lawrt a. Ana Nata e Snyder) me to "wear On STATE OF FLORIDA ) SS: COUNTY Or DAM ) ISEAW IS3CRT 8, SNYDE ." NATALIE SNYDERe/ (SEAL) H �.. RQ3MP tnoLvLTily and as Trustee 19FOPE HE this day personally appeared WILLIAM H. FORMAN and MAIkY ALICE IORTHWW. to ate well known and known to be the Persons who executed the foregoing instrumftt, who, being by awe first duly sworn, acknowledged to me that they .fAMr ted the sane for the purposes therein expressed. "",No 3 IN x27NCSS MNEREOr. I have hereunto set my official seal thls___1day of - — 1972. r ; ' i OTARYPPON160, state ot ri.n.r i•t"r at large : iY 37A1E t� F My CoaWsa• p ~� ion Expires: I��b°°• . •....•�'' r 1-41 ►s^t flat a .t•:AI ar 01 lac 4C cH..at. i.ov. it t+» _�J1ri IN ear a•. S =. 9 9 - 456 JcL- �V:J�JiCl_ un U ya Art f(C ~7983 /i 821 STATE Or TLORIDA ! P,f 1 COUNTY OF DADE ! lii:-t rya. BEFORE xL this day }personally appeared HUGH J, FORTHMAN and CHIRLLY ro1lSM m. to ne well known and known to be the peraons who executed the foregoing instrument, who, being by me firma duly *worn, acknowledged to 100 that they executed the same Purposes therein expressed_ �• Iy MIT:YESS 6AJEdetor. I have hereunto met may h& d;and official seal this / day of il.�✓. 1972:- .; �� HO T►M/PUBLI , State of Florida at ?dy Commission Expires: Large u/ tom".'„«:.:�,..'�'' ' �a..�e,�-� s = •..• STATE Or FLORZDA ) '.� v f . COUNTY or DADE a 1 Brro;m mc this day personably appeared GiLBCRT ; .........: Sl1YD6R and NATAL%& Sxy=R, to imo wall known and known to a the persons who executed the foregoing instrument, who, being by on first duly sworn, acknowledged to me that they executed the sane for the purpoete therein expressed. im wx`11tr.SB wX21scr, I have hereunto set my hand and official seal thLs_.Z �day of 'i'lrx..• ofe - , 1972. MOTARY&VUBLICP State of a at My Commission Expires: Large motet/ FMIL VM ey m4e m M UNX •��+�"'•'0 S ' 10•y coMmnssM+ now. ts• 2s» "`.0 ]�� ''•,o, STATE OF FLORIDA ) ;•� '� COUNTY OF DADS ) Z;•. 4 BEFORE kE this day personally appeared HOWAUi H, individually and as 'trustee, to me well known and known to be the person who exaCuted the foregoing instrument, and who, being by me first duly sworn, acknowledged to me that he executes the stems for the purposes therein expressed. IN HITNr•SS WdZPZOF,, I have hereunto set ary hand and official seal this % day of , 197I. My Coamalselon Expires, seta" •UY r- MTC rr tLC M it UK( my CW.�Ar+3/Mf e171r 12, jWS !� Y PuBLIC0 •State Ot For Oa at Large rl/. •�` 1 EATER MIAMI NEIG` -10RH00DS, INC. Get...eating Affordable housing June 4, 1999 Commissioner Wifredo Gort City of Miami City Hall 3500 Pan American Drive Miami, FL Dear Willy: As you know, Greater Miami Neighborhoods, Inc. is a non-pruht atTordable housing developer working with Federal, State and Local agencies to provide affordable housing opportunities in the City of Miami. One of our current projects is a 100 unit, multi -story development known as Tequesta Knoll Apartments, Ltd., located on 1629 NW 14`h Street, in the Civic Center Area of the City of Miami. This project is using State tax credits, County and City of Miami Home funding to leverage funds from the private sector. The project funding, plans and closing is in place, a culmination of over 1 '/2 years of preparation. Due to the tax credit (I.R.S.) requirements for completion, we need to close and begin construction as soon as possible. The last obstacle remaining has just been discovered and is a title exception which was a 28 year old landscaping covenant recorded by the City of Miami (see attached Covenant Running with the Lana which was never removed or released by the City even though its original intention has been since superceded by approved building plans which have been issued. We are asking you to include it as. a `pocket" item on the June 8, 1999 Board of City Commissioners meeting to have the covenant removed so that we can finalize the closing and proceed with the construction. We have been instructed by the Department of Hearing Boards of the City of Miami to provide documentation specific to this land and the owners in order to grant us a place on the agenda for the July Board of the City Commissioners meeting. Unfortunately, our closing date has been scheduled to occur prior to the month of July by our lenders, and the property's title has to be cleared before closing in order for that event to happen. Enclosed a copy of the documentation provided to the City of Miami's Department of Hearing Boards. If there are any questions or comments regarding this issue please do not hesitate to contact me at (305) 374-5503 x.106, or Kathy Rodriguez at ext. 107. Siacerel 1rs m ngu sr ent 300 N.W. 12TH AVENUE, MIAMI, FLORIDA 33128 • PHONE (305) 324-5505 • FAX (305) 325-5506 9 9 - 4 0 6 EXHIBIT "C11 —h' , TO Miriam Maer, Apnistant City Attorney ruan C. Gonzalez, Acting Zoning Ad Building and Zoni CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATEJune14� 1999 : 1629 NW 14 Street SUMCT Release of Covenant 72R254640 REFERENCES. ENGASU, ES Pursuant to a request for a release of covenant recorded on November 1, 1972, under clerk's number 72R254640, concerning development plans which included landscaping requirements and a proposed new development which in effect renders the recorded covenant obsolete, please be advised of the following. Review of the requested release of the aforementioned covenant leads me to the conclusion that since a proposed new development will occupy the mentioned property, the covenant running with the land previously mentioned is obsolete and therefore the zoning division has no objection to its release by the City Commission. JCG: tc cc: Ana Gelabert-Sanchez, Director Planning Department Zoning file EXHIBIT FILE : 99- 456 CITY OF MIAMI J 'STRICT 1 CITY A'I'TORNEY'S OF] MEMORANDUM VICE CHAIRMAN GORT TO: Honorable Mayor and Members of the City Commission FROM: Alejandro Vilarello, City Attorney DATE: June 15, 1999 RE: Commission Item (District 1) - City Commission Meeting of June 22, 1999 Proposed Resolution -Release of a Zoning Covenant Running With the Land Commissioner Wifredo Gort requested that the attached proposed resolution concerning the Release of a Zoning Covenant Running With the Land for the property located at 1629 Northwest 14t° Street, Miami, Florida, be placed on the Agenda for City Commission consideration. W325:BSS c: Donald H. Warshaw, City Manager Walter J. Foeman, City Clerk Elvi Alonso, Agenda Coordinator 99-- 456 J-99-550 6/15/99 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING THE RELEASE OF A ZONING COVENANT RUNNING WITH THE LAND, DATED NOVEMBER 1, 1972, RECORDED IN THE OFFICIAL RECORDS OF MIAMI-DADE COUNTY, FLORIDA, IN OFFICIAL RECORD BOOK 7983, AT PAGE 819, UNDER CLERK'S FILE NO. 72R254640, FOR THE PROPERTY LOCATED AT 1629 NORTHWEST 14TH STREET, MIAMI, FLORIDA, FOR THE PURPOSE OF REDEVELOPING THE PROPERTY AS AFFORDABLE HOUSING. WHEREAS, the property located at 1629 Northwest 14th Street, Miami, Florida, more particularly described on attached Exhibit "A" (the "Property") is subject to a zoning covenant (the "Zoning Covenant"), dated November 1, 1972, recorded in the Official Records of Miami -Dade County, Florida, in Official Record Book 7983, at Page 819, under Clerk's File No. 72R254640, (attached as Exhibit "B"), by which Zoning Covenant the owner of the property acknowledged and agreed that said Property would be developed in accordance with a certain development plan attached thereto; and WHEREAS, Greater Miami Neighborhoods, Inc., a non-profit affordable housing developer, has made a written request for the 9 9 - 4 151 6