HomeMy WebLinkAboutR-98-0539J-98-429
4/27/98 9 8 - 3 9
RESOLUTION N0.
A RESOLUTION, WITH ATTACHMENTS, APPROVING AN
AMENDMENT TO THE ZONING COVENANT RUNNING WITH
THE LAND DATED JULY 18, 1988, RECORDED IN THE
OFFICIAL RECORDS OF MIAMI-DADE COUNTY,
FLORIDA, BOOK 13752, AT PAGES 592-596 (THE
"ZONING COVENANT") FROM JAMES G. ROBERTSON
(THE "OWNER") AND LOCATED AT 2785, 2855, AND
2835 TIGERTAIL AVENUE, MIAMI, FLORIDA (THE
"PROPERTY") TO DELETE THE LANGUAGE IN
PARAGRAPH "C" AND PERMIT THE DEVELOPMENT OF A
LODGING HOUSE ON THE PROPERTY; THE APPROVAL
OF THE AMENDMENT TO THE ZONING COVENANT IS
SUBJECT TO THE EXECUTION AND RECORDATION AT
OWNER'S EXPENSE OF AN AMENDED ZONING COVENANT
RUNNING WITH THE LAND ACCEPTABLE TO THE CITY
ATTORNEY.
WHEREAS, the property located at 2785, 2855 and 2835
Tigertail Avenue, Miami, Florida, more particularly described on
attached Exhibit "A" (the "Property") is subject to a Zoning
Covenant Running With The Land dated July 18, 1988, recorded in
Official Records of Miami -Dade County, Florida, Book 13752, at
Pages 592-596, attached as Exhibit "B" (the "Zoning Covenant");
and
WHEREAS, the Zoning Covenant restricted development of the
Property to an apartment per plans on file at the time of the
recording of the Zoning Covenant and the current owners desire to
develop the Property as a Lodging House; and
WHEREAS, the City Commission after careful consideration of
this matter finds that it is in the best interest of the general
AITACBMEaT (S)
sEONiA1NED
CITY COSOMMON
IIEETING OF
MAY 26M8
Resolufm rim
98- 539
welfare of the City of Miami and its inhabitants to approve the
modification to the Zoning Covenant as set forth herein below for
the 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. An amendment to the Zoning Covenant
Running With The Land dated July 18, 1988, recorded in Official
Records of Miami -Dade County, Florida, Book 13752, at Pages 592-
596, attached as Exhibit "B" (the "Zoning Covenant") from
James G. Robertson (the "Owner") for the property located at
approximately 2785, 2855 and 2835 Tigertail Avenue, Miami,
Florida, which restricted development of the Property to an
apartment per plans on f ile at the time of the recording of the
Zoning Covenant be and the same is hereby amended to permit the
current Owners to develop the Property as a Lodging House per
current plans on file and subject to the execution and
recordation at Owners expense of an amended Zoning Covenant.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 26th day of May , 1998
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2.36, since the Mayor did nol lndk,,P.10 appresval of
this legislation by signing it in the designated place- pmvided, s ;d ' ,-N
becomes effective with the elapse of ten 0d tram th ate of Vornni�
ATTEST: regarding same, without the Maydr exer isi ve .
Wa
WALTER J. FOEMAN, CITY CLERK
er J. man, City Clerk
PREPARED AND gPPAZVED BY:
YAMILE
ASSIST
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EXHIBIT
V
S l`
THIS IS A BOUNDARY SURVEY
of
LEGAL_ DESC_R_IPTI.ON:
Lots 35,36 and 37 less the Westerly 5.00' feet thereof, and Lot 38
less the Westerly and Southeasterly 5,00' feet, also lots
39.40,41,42,43 and 44 1ess-the Southeasterly 5.00' feet thereof,
all lying in the plat of CORNELIA H.DAY SUBDIVISION, according tc
the Plat thereof as recorded in Plat Book 3 at Page 16 of the
Public Records of Dade County, Florida. Less the external area
formed by a 20.00' foot radius curve, being concave to the
Northeast, and tangent tc the Southeasterly and Westerly lines of
the above described pacce! of land.
98- 539
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=a COMAW, arde WO saierad late this tea, day of
slveb , 1660, by and hstwaa the City of U162! , a
municipal oorporstion orgaaissd tea asieting under the laws of
the State of Florida, hereinafter called the 'City'. party of
the first part. sap HIaAL RSALTf OWARl. IMC., a Michigan
corporation; and ART= DRl7ICH and SYLVIA ONST CR. his 'rife,
fee slmpls owasrs of the rollowlhg described property;
hereinafter called the party of the aetood part; and
WNOVKAS, MSMAL RlALIY CLAMANT, INC., ■ Michigan corporation;
and AWM DMMCS and SYLVIA DXMCH, his wife, own the fee simple
title to:
Lots 42, 43 and ea, of CO3MLIA M. DAY'S
31=14ISIOM, a subdivlsioa of part of
Blocks a and 4, of the IDMATD PBff _
HD11001= in the Morthaest j of Section 21,
Township 4 South. Rasp- {1 last, according
to the Plat thereof, as recorded in Piet
Boor 31 at Pep 16, of the Public Records
of Dodd County. Florida; and
MHEPiAS, RnUL 142ALTf COMPANT, INC., a Michigan corporation:
%ad ARTEM DRLYICR and SYLVIA DUTICa, hie wife, intend to construct
an apartment 'building on the above described property consisting of
42 units, said apartments to be served by a sewage treatment plant
located upon Yid property; and
s'fERIAS, the Dada County Public Health Dsportm at will_ not
permit septlo teal[ facilities to be located upon the above
described property, it being a raquiresnnt of the Public Bsalth
Department that a seesge treatment plant be looated thereon with
efflusat lines discharging from the treatment plant Into Biacayne
Be?; and
NUMS, tea Commission of the City of Miami have adopted
Reaelutica W. Sd47d anthoritl" the effluent lines to be
eonstsueted under City street*, as hereinafter set forth.
EXHIBIT B
98- 5
in OONleenuen of the pray Ns end the
benefits whis4 Will 460rW to thM tM t!a ,00"truetloA and
operation of said 66aa4s treetasat plan{ sAA sttlusat lines to be
aoastructed under the stsests of the city of •iaml, MAL RZALTf
COMPANY, INC., a Michigan corporation; and AWNWR DF ICH and
SYLPIA ORCTICH, his wife, iaoludiAg their heirs, successors and
assigns, do hereby covenant and agree with the City or Miami
as follows, to -wit:
1. That RML RZALTf COMPANY, INC.. s Michigan corporation;
and ARTHUR DRLYICM sod SYLVIA DRSPICH, his wife, covenant and agree
that they are the fee simple owners of
Lots 42, 43 and K, of OO110ZLIA M. DAY'S
SOBDIYISION, a subdivision of part of
Blocks 8 mod 9, of Q* IDNARD PLNT
HOMZSTW, in the Northeast } of Section 21,
Township 34 South. Range 41 Zest, according
to the Plat thereof, as recorded is Plat
Book 3, at Page 16, of the Public Records of
Dodo County, Ploride:
2. After a permit so to do has-been issued to it by the
City, HZNAL REALTY CoMpAMY, INC., a Michigan corporation; and
ARTHUR DR371CH and SYLgIA DP371CH, his wife, will cause to be
constructed or installed under the surfaces of the roadways end
waterways wirkin the City Limits of the City of Miami hereinafter
designated, on outfall pipe system which will extend from
Lora 42, 43 and 44, of CORNLLIA M. DAY'S SUBMVISICN, a subdivision
or pert of Blocks 8 and 9, of the ZZWoRD PWr HOMESTEAD, in the
Northeast j of Section 21, Tbwnship 54 South, Range 41 Lest,
according to the Plat thereof, as recorded in Plat Book 3, at
Page 16, of the Public Records of Dodo Count_ Florida, to run
across the street (Tigertail Avenue) to Cornelia Road, then
southerly to S. W. Z7th Avenue and then southerly along S. W.
27th Avenue to Biscayne Bay.
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`�- 539
I
S. TLS aooatrustica of one► autfall pips afstam shall
oomph with plus prepared by an SA6LOGer registered in Florida,
and approved by the Department of Pnb11e Vorb of iris City of
Miami. for the purpose of securing such approval, six sets of
the plane of the proposed outfoll pipe system shall be submitted
to the Department of Public Works. After the construction is
completa, a set of es -built plans shall also bey furnished by
HENAL REALTY COMPANY, INC.. s Michigan corporation; and ARTHUR
DREVICH and SYLVIA DRMCH, his wife, for the records of the
Department of Public works.
A. The initial stating and all final measurements shall
L�e done by a Surveyor registered in Florida and a copy of his
Field Book shall be filed with said Department of Public Works,
and same spell snow sufficient ties with the various Street
Monument Lines to sroble the outfall pipe system to be securely
located in plan. Such field notes shall also show ground
elevation and the elevation of the top of"such outfall pipe
system at each change in vertical direction and also the elevation
and location of all existing underground utilities uncovered during
trio construction of such outfall pipe system.
5. HEXAL REALTY COMPANY. IHC., a Michigan corporation; and
UR ARTHDREVICH and SYLVIA DREVICH, his wife, jointly and severally
will hold the City, barmless from any liability established by low
arising out of ins granting of this Covenant, and will defend, or
cave to be defended, any action brought against trio City in
connection herewith. HMAL REALTY COMPANY, INC., a Michigan
corporation; and ARTWR ORWICH and SnVU DREVICH, h13 rife,
dull furnisb to the City of Miami a liability Insurance policy
in the amount of Sloo,000/3oc,000 and property.damsge in the amount
of $20.0OO. in Whiob the City of Miami 19 the caged insured,
holding she City ha rues* from say ltaalllZr established by Law
3
9&- 539
1�5-93 l3 35 DATA
*rising out of tM SMIMbf of this DOesaent, sad will defend,
or cause to be deleeAee, w sauna bre"bt against the City
IA coanestloa Oer"Itb.
6. HWAL REALTY CDMTAI1f, I11C., a Michigan
corporation; and AR'WUR DIMCR and SnVIA DRrYCH, his
.ifs, will operate and maintain such outfall pipe system
in n manner that will prevent it from Wing or becoming s
nuisance or detrimental to public health, safety or good
or in anywise injurious to adjsceot property; and in the
event it sho ld produce or permit unpleasant odors to emocats
therefrom, H!NAL REALTY COWANY, INC.. a Michigan corporentiun;
and AR'.HUA DR3VICH and SnVIA DIMVICH, his wife, at its cost
will instill such odor controlling devices ss may be re-
quired by the Director of the Department of Public works.
7. The right of use of sold outfall pipe system
IS restricted to structures constructed by or for-HHNA.' REALTY
COM.rANY, INC., a Michigaa corporation; and ARTSTR DR.�lICH and
SYLVIA DRM. CK, his Wife, and occupied by them on Lots 42, 43
and 44. of CCRNELIA M. DAY'S 3ABDIVI:j10%, a subdivi--iaa of pert
of Blocks B and 9, of the ED'JARD PUT IDUESTE,1D, in the Northeast
} of Section 21, Township 54 South, Range 41 East, according to
the plat thereat, as recorded in Plat Book 3, st Pege 16, of the
Public Records of Dade County, Florida, es part of said apartment
tuildlag. Such right of use of •aid outfell pipe system shall
n C,t be assignable except in connection with a band fide aalc of
Lots 42. 43 and 44. of COECCLIA M. DAY'S 3118DIVI:40N, e
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98- 539
�-
subdivision of part of Sloeb S had 1. of tee UWAIM PAR' !DlR92%0,
in the ilortheant j of Section U. Twraabip 04 South, Rsaee al Let,
according to the Plat thereof, as reeordod in Plat back 3, at Pa*O 16,
of cho Public Records of Dade County, 11ori•is, se s sir4le parcel.
S. EMHAL RZALIY COfPARS, INC., a Michigan corporation;
and AR'1'4NR DRZIIICR and SYLRA DMMCR, his wife, &bell furnish to
the City a Saincenattce Bond in the principal amour of 11,000.00
with Sureties to De approved by the Director of the Dupartmeac
of Public Works of the .City of Via". conditioned that aftor the
principal shell cause to be out and/or excavated the paved or
unpaved surfeea of any street aLO Ms whine thr outfall pipe system
heroin ruforred to snail be constructed, NMAL REALTY COMPANY. INC.,
a Michigan corporation; and AR?Rtl! DEMCR and SYLYIA DREYICH,
wife, will cause such excavation to be bealfilled and aompectud
and t.je surface above !it%me to be seQdod or repaved and a level
surface condition to as created, such restoration shell be
approvod is writing by a qualified Inspector employed by the City
of Miami.
9. It is further aovvnented and agreed that a 3ewbgu
treatment plant shall be constructed with a polishing sand
flltcr or a lend strainer approved by the Departaent of Public
Work3, between the final settling tank and the affluent 1100,
and shall hovu a standby blower and chlorins contact begin. The
sdwetto plant shall be operated by a person holding at ldast a
Florida Cla35 vC' Saaatgo Tlent Oporetar's Certificato. Ttx: plant
unall 0, inspected annually by a qualified r&prosontativu of thu
' moufecturor, and a certified copy of his roport submitted to th,
City wad tho State Board of Roalte. One additional COPY of tnu
monthly report shall be submitted to the State Board of iivalth
for ttYcir :0view and oaatisat, and submission to the city.
9&- 5-9
98- 539
ti�-moo s sa OAIA +HA G 1U19sa 729 dbay
D
13. That in the evens that sold slYlsdnt lien is not
reWsod within 90 days after sold notice .as heNiaaboee not forth,
HENAL REALTY O,MPANT, INC., a lliohigan aorporstion; and AMUR
DREVICH and SYLVIA DR=9ICH, his wifo, shall L=bdlately bu liable
for chu estimated coat, as determined by the Dopartmnt of Public
Worx: of the City of Yiaai, of rusating, ezteadiag or relocating
said outfall pipe syatom, and shall pay to the City, in addition
to thr b3timated cost as prodded burein, any engincoring and
continguac Costs, sad any damages. direct ar indirect, not to
cxceed tua percent thereof, plus roasom ble ettornoy's feos
w"tch the City may sustain on account of Cho tailuro of KEMAL
~ REALTY COMPANY, INC., a Michigan corporation; and ARTHUR DREVICH
and 3YLVIA DRL'PICH, his wifu, to carry out and ozdcute all Chu
proviaio:.s of Cr.-LB Agreement, and the City may, at the. Solo
oluet:�a of the Director of the DopartOua6 of Public Works,
r�mov::, extand or relocate Cho said affluent line at KEKAL REALTY
COMPANY, INC., a Michigan corporation; and ARTHUR DRBVICH and
3YLVIA DRE-VTCH, his wifo, sole cost and expense; 3eid liability
bviM jointly and severally and the cost tburcof, pl,.s any
enginocring and eontlngoat costs, end any dam ges, direct or
iadiruct, not Co uzeaud t:.a percent thuraof, plus rueooneble
—� ettorn_ys' funs which tho City a y sustain oa account or the
failure of the principal to carry out and execute all the
provisions of tris Agrcomat, shell be a lion on the property
hureinabovo described In Paragraph 1.
14. The right of use of the streets in which the
outfell pipu systa* may be Lnarallod under tho routing bureln
set forth and Cho use of said outran pipe eyetom are both
m strictud to use by WAL PSALTY COMPAMY, INC., a ►:ichigan
corporation; and ARTHUR DXWICE and SnTIA DEM CR, his wife,
and ch,.ir hoirs, esooutors, successors and QUO assigns who
98- 539
purchase the alertimt OalidlVA f4GLU Laa sWoz all of the above
described property as set forth is PWmW%,& 1.
15. Ise right to constrost, operate or mintain the :aid
outfail pipe syst*a shall not be assignable to or usable by any
land owner or Lassa* who owns less than the whole of the premises
now cwned by sold HZKAL REALTY CQMPANl>INC., a Michigan corporatior.;
end ARTHUR DRh4'CH end SYLVIA DRRYICH. his wire, as Included In one
ibove described property as set forth In Poregrupb 1.
16. In the event of the transfer of ti tla of any lots
arc:pr as a part of a hone ride sale of the above described property,
such transfer shall render null and void any right of use of the
afore said outfall pipe system vested in HMQIAL REALTY OOMFANY, INC..
s Michigan corporation; and ARTHUR DF4MC11 and SYLVIA DRM. CH, ALL
,ire.
17. If RENAL REALTY COMPANY, INC., a Micni6on ccrporotlor,;
ac,d ARTHUR DR V71CH and SYLVIi. DRMCH, his wife, shall abandon tre
use of said outrull pipe system, or any part of the nbave de:;eri" d
property which shill rue sold or otherwise disposed of other tn,n
n. part or a :Ingle tract upon which said apartment building will
ue constructed, the City abn:l have the option to require the
rencval of anid outfall pipe system and its appurtenances at the
c:,at of HD -AL REALTY COMPANY, INC., a Micbisy3n corporation; and
ARTHUR DR3VICH And SYLVIA DRWICH, his wife, or to perm t paid
t+S[C.L REALTY CONTANY, INC., a Michispn corporation; end ARTHUR
DR3VICH and SYLVIA DREVICH, his wife, to convey ;aid outfall pipe
:y,ten end eta eppurtansneet; to the City of Miami, 71nrido,-Stnuut
cost, other then the assumption of the future maintenance and
operation thereof.
le. This Covenant shall be binding on HENAL REALTY
COY.;ANY, INC., w 7lichlgan corporntion; and AXI-dM OREVICH and
;Y1.VZ, DN2VICH, his wife, jointly and severally and their heirs,
-a-
98- 539
— 1. ,J - IV un, lf-N L 1Uayzu /Jy Vn-0 I
w
10
11
successors sad asuisus, and the City at lllaml, end its uuecenuort,•
IN WIT"ISS WHUMi, tin parties !hereto have caused tl.iu
instrument to be aseauted by their proper peraaw and by their
dimly nuthnrized offla141:8, the day and year here inatove firm
writt.ea,
` ► not CITY or III w, o mun i e i c.0 l
Oarporatlon e-f tna ;;tncu of 11.r11,
a
A'^EST: t
/ S4TT
KML Ri16LTY CDVPANY, INC.,
A rM;T :
..._. .. _ _.... � as�Ysa' •. .fit .ei.• __
Ylcllltan eorpnru tl c,n
BY
e ea
98- 539
L _-W.>.
10
STAT! OF iaCCO,AS )
coUNTY or •&TIC L
L
I liER W CSR$lY that on this day of Na
1965, tufore ton personally appeared RSii2TS��J:;_1� _ at,d
,►1 " CH"LOWXj , President and Secretary
respectively of HDIAL REALTY COMNY,.INC., a Michigan corporation,
to n Known t3 to the persons who signed the foram ins inntr-met:t
33 .sucn officers and severally eotmowledge the oxccutlon utoreor
to their free net and deed as nuah officers for the usys •,nl
pur,noae.s trh<rcin mentioned, and that they affilzt thereto the
orrieiol ::sal or ,lid c. p rntion, and that the said instr=ucnt
is cne act and dt:ed or :,uid corporation.
'.vi'MSZ my twnd and official coal at IIl21�t2
it. th.: County rf WiTHS , State of 1licni Can, the •toy
.,tNt vonr 1n: L afurbnail.
aL16Ae`�
kiezyFuttLie t t
My Coamis+Son Expires: 16iil-4mr- ..."
)S5.
BEFORZ ME, n Not -try Public in rind f-r ::,id estate: .:id
, '.;nty, pat•3cnally c:.mt: AR11-IM DR_'VICH and SYLVIA DREVICH, n1? •.i:
ee Mva,l ttncrn and Kn--wn th ut: the: person mood in th• fort : tn:c
C 'rn:t To Rut. tittt, -.!- L•mci, and tley th:,t they
r.•:•:utrd th•' anc fur the purp.,r.n t.xrelts
8- 509
IN MIIWM VMMMF. I have Aersunto set or hand end
affixed 4 offielal seal toe' L4deF of
ry a, a o or a
Lrfa
Ur C0a1M1s3i0A Empires:
Authorixod by city of Miami �a'0" ltRM 0lUre4AM
tawaa ►ro. a. M
Reaolution No.
Dated----reh 17�•
APPROi=-D AS TO FOYM AND LECALITT: C
: .,
�saa cant VICT Att4767,"
STATE OF FLORIDA)
COttNTY CF PADS )
I, an officer authorised to tale aeknorledgaeDts, HERMY
C% rM that on thin JLr day of �%iaJti- 1965, personally
P. W. AKDRLVS
�ppoorad bafzre taa/!1 aad F. L. CORMa, Xnoro to me to be
Assistant
the/City manager and the City Clerk. respectively, of THE CITY OF
WAtiI, a municipal corporation, and known to me to be tax persons
• aho exeoutol M.- fcregaing Covenant T. Run With The Land, and they
sev;,rolly seknowladgcd the execution thereof ", be their free and
voluntary set and deed as Such officers, for trio uses and purpwca
therein uxpresaed, end that tlsey affixed therato the afficiel seal
:ir the said muaieipol corporation, all by end with the authority
of lar and of the City Commission, sad that the said instrument
i:s the free and formal net of the said municipal corporation.
WITUMS my hand and official seal in anld county &Ad.state
the day and year last aforesaid.
at Large '4W 1p .t
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
FROM: Jose Garcia -Pedrosa
City Manager
RECOMMENDA'
DATE: May 15, 1998 FILE:
SUBJECT: Covenants for
2785, 2855 and 2835
Tigertail Avenue
REFERENCES:
ENCLOSURES:
It is respectfully recommended that the City Commission approve the attached request
related to covenants for the property located at approximately 2785, 2855 and 2835
Tigertail Avenue with the condition specified below.
BACKGROUND
The property located at approximately 2785, 2855 and 2835 Tigertail Avenue has two
separate covenants recorded against it; the attached request is to modify the covenant
recorded in 1988 (recorded at Official Records Book 13752, pages 592-596). This
modification of covenant is requested in order to redevelop the property for a 140•unit
lodging house.
The 1988 covenant, referenced herein and attached, has specific language which specifies
that the property shall not be further developed in a manner other than the one in which it
was proposed at the time the covenant was executed pursuant to approval of a variance
request; the project approved at that time was for a 42-unit apartment building.
The Department of Planning and Development has no objections to the requested
modification of the 1988 covenant due to the fact that the new proposed use, a lodging
house, is permissible within the R-3 Zoning District and will be subject to a Special
Exception Permit. The Department recommends approval with the condition that a
landscaping enhancement plan (to be approved by the Planning Department) be
implemented within the area in order to mitigate the impacts associated with the
increased number of people to the area as a result of the proposed use.
JGP: CMC: LA: lys
C�L
c: Christina M. Cuervo, Assistant City Manager
Jim Kay, Director, Public Works
Lourdes Slazyk, Assistant Director, Planning and Development
98- 539
HHWH
1 T T i R\ F. 1> 1 T L V G
Adrienne Friesner Pardo
305-579-0683
February 20, 1998
HAND DELIVERY
Ms. Teresita Fernandez
Clerk, Hearing Boards
City of Miami
444 S.W. 2"d Avenue
Miami, FL 33130
Re: Release of Covenants Application for 2785, 2855 and 2835 Tigertail
Avenue
Dear Teresita:
On behalf of James Gregory Robinson and the Clarkson Company (collectively,
"the Applicants"), we are applying for a modification of a covenant, and a release of a
covenant for the property located at approximately 2785, 2855 and 2835 Tigertail
Avenue, Miami, Florida. The property is located in an R-3 zoning district and is more
particularly described in Exhibit "A" to this application.
The Applicants propose to locate a 140 unit lodging house on the property. The
lodging house shall provide breakfast to the residents of the house. Two covenants
presently run with the property: the first is recorded at Official Records Book 4538,
pages 118 - 128, and is attached as Exhibit "B" (the "Sewer Covenant"), and the
second is recorded at Official Records Book 13752, pages 592 - 596, and is attached
as Exhibit "C" (the "Zoning Covenant"). The Applicants are seeking a release of the
Sewer Covenant and a modification of the Zoning Covenant. As indicated on the
attached letter dated February 10, 1998, from James J. Kay, P.E., Director of the City of
Miami Public Works Department, the Sewer Covenant may be released once a
registered consulting engineer inspects the sanitary force main constructed on the
public right-of-way and confirms that it has properly been abandoned and connected to
the main sanitary sewer system. The Applicants are in the process of retaining such a
consultant to perform this analysis, and we expect to submit this report well in advance
of the public hearing on this application.
GREEN13ERG TRAURIG HOFFMAN LIPOFF ROSEN & QUENTEL. P.A.
1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305-579-0500 Fax 305-579-0717
MIAMI NEW FORK WASHINGTON, D.C. PHILADELPHIA S.AO PAULO
FORT LAUDERD.ALE WEST PALM BEACH ORLANDO TALLAHASSEE 9 8 - 539
The Zoning Covenant contained certain restrictions on the development of the
property. The Applicants wish to modify the Zoning Covenant to delete the followinq
language in paragraph (C):
That it is covenanted and agreed that the heretofore
described property shall not be further developed with the
exception of the development as provided in the Request for
Variance as hereinabove referred to and the plans
submitted therewith and reviewed by the appropriate
departments of the City of Miami.
Because this language may be interpreted to prohibit the development of the
property with the proposed lodging house, the Applicants are requesting that the
covenant be modified to delete this language.
Included with our request are the following items: Disclosure of Ownership,
Property ownership list within 375 feet, Resolution titles, deeds and photographs of the
Property.
Thank you for your consideration of these requests and please place this item
on the March 24, 1998 City Commission agenda. Please call if you have any
questions.
cc: Lucia A. Dougherty, Esq.
tiIIAMliSAYFiE7i9305221y1801!.DDCi370N99124413 010100
Very truly yours,
Adrienne Friesner Pardo
GREENBERG TRAURIG 9 8- 539
EXHIBIT
THIS IS A BOUNDARY SURVEY
of
LEGAL DESCRIPTION:
Lots 35,36 and 37 less the Westerly 5.00' feet thereof, and Lot 38
less the Westerly and Southeasterly 5 . 0 0 ' feet, also lots
39,40,41,42,43 and 44 less 'the Southeasterly 5.00' feet thereof,
all lying in the plat of CORNELIA H.DAY SUBDIVISION, according tc
the Plat thereof as recorded in Plat Book 3 at Page 16 of the
Public Records of Dade County, Florida. Less the external area
formed by a 20.00' foot radius curve, being concave to the
Northeast, and tangent to the Southeasterly amd Westerly lines of
the above described parctt of land.
539
-zzV bzw
0
=5 COTOM, mods ant eater" late this UZL- any of
1265. by and between the Clay of ILtsat, a
municipal eorperetica organised and aslatinf under the Iowa of
the State of Florida, hereinafter called the `City'. party or
the first pert, asp HERAL RZZ;AL2! COWANl. SIR. , a Michigan
corporation; and ARTHUR VKMCH and STLTIA DRTPICR, his wife,
fee simple owners of the following described property;
hereinafter called the party of the second part; end
WWOLA3, HCHAL MUOT COSOWM, INC., a Michigan corporation;
end AR7lIi7R DXMCB and STLTIA DRAf2CH, his wife, own the fee simple
title to;
Lots t2, 43 and ", of COZZRl'.LIA M. DAT,s
S9BDIPISION, a subdivision of part of
Blocks 8 and 9, of the MA$D PZRT
WMZI,ST=, is the MOrthaast } of Section 21.
Township St South, Range 41 Zest, according
to the Plat thereof, as recorded in Plat
Hoot 3, at Page 16, of the Public Records
of Dodd County. Florida; and
WVZRZ". IIDML SMALTi COMPANY, INC., a Michigan corporation;
and ARTMIR DRXVICR and SrLTIA DEMOS. his wife, intend to construct
on apartment building on the above described property consisting of
42 units, said apartments to be served by a sewage treatment plant
located upon sold property; and
M!lR W , the Dade County Public Nselth Deportment will_ not
permit septic teak facilities to be located upon the above
described property. It being a requirement of the Public Dealth�
Department that a sewage treatment plant be located thereon with
afilueht lines disoborging free the treatment plant into Biscayne
Bay; and
*NCMS, the Cwamiaslau of tha City of Miami have adopted
Resolutloa ZZD. S Z anthorising the affluaat Mass to be
eonstsucted under City streets, as horeiaaftes eat forth.
EXHIBIT B
98- 539
atom?. MOOIt, is saw"aretlea of the prow Ns sad the
benefits Wbian will e0"Me to tAs rM t!s oonstruetion and
operation of said semap treatasat plan{ mad affluent lines to be
constructed under the streets of the City of Miami. ®UL REALTT
COMPANY, Inc., a Miohiges corporation; and AR'MUR DRVICH and
SrLVIA DRZVICH, him Wife, including their heirs, successors and
assigns, do hereby covenant and agree with the City of Miami
es follows, to -wit'.
1. That HUAL REALTY COMPANY. INC., a Michigan corporation;
and ARTKM DPJM CH and SYLVIA DRXVICH, his Wife. covenant and agree
that they are the fee simple owners of
Lots 42, 43 and 44, of OORNlLIA M. DAY'S
SUBDIVISION. a subdivision of par: of
Blocks 8 and 9, of t:ts XCKARD PEN?
HOURSI AD, in the Northeast } of Section 21,
Township 34 South, Raags 41 East, according
to the Plat thereof, as recorded in Plat
Book 3, at Page 16. of the Public Records of
Dodo County, Florida;
Z. After a permit so W do has been issued to it by the
City, RENAL REALTY COMPANY, INC., a Michigan corporation; and
ARTHUR DREVICH and SYLVIA DRWICE, his rife, will cause to be
constructed or installed under the surfaces of the roadways and
waterways within the City Limits of the City of Miami hereinafter
designated, an outfall pipe system which will extend from
Lots 42, 43 and 44, of CORNELIA M. DAY'S SUBMVISICN, a Subdivision
of part of Blocks 8 and 9, of the MWAD PW HOMESTEAD, in the
Northeast } of Section 21. Township 54 South, Range 41 East,
according to the Plat thereof, as recorded in Plat Book 3, at
Page 16, or the Public Records of Dodo Count„ Florida, to run
across the street (Tigertail Avenue) to Cornelia Road, then
southerly to S. W. 27th Avenue and then southerly along S. M.
27th Avenue to Biscayne Bey.
- 2 -
98- 539
Ili-7J4 (3v t1�4
3. The oamstructioa of suoh eutfoll pips sp tam &pall
comply with pleas prepared by as 206UWGZ !+metered in Florida,
and approved by the Department of Public 'works of the City of
Mismi. For the purpose of securiag such approval, sir sets of
the plan of the proposed outfoll pipe system shall be submitted
to the Department of Public works. After the construction is
complete, a set of as -built plans shell also bey lurnlshed by
WAL REALTY COMPANY. INC., a Michigan corporation; and ARTHUR
DREVICH and SYLVIA DRMCH, his wife, for the records of the
Department of Public worts.
a. The initial staking and all final measurements shall
be done by a Surveyor registered in Florida end s copy of his
Field Hook shall be filed with said Department of public Works,
aad same shall show sufficient ties with the various Street
Monument Lines to enable the outfall pipe systan to be sdcurely
located in plan. Such field notes shell also show ground
elevation and the elevation of the top of.such outfall pips
System at each change in vertical direction and also the elevation
end location of all existing underground utilities uncovered during
the construction of such outfall pipe system.
5. RENAL REALTY COMPANY, INC., a Michigan corporation; and
ARTRUR DREVICH and SYLVIA DREVICH, his wife, jointly and severally
will hold the City harmless from any liability established by law
arising out of the granting of this Covenant, and -111 defend, or
cause to be defended, any action brought against the City in
connection herewith. EMNAL REALTY COMPANY, IEC., a Michigan
corporation; and ARTMIR ORMCH and SYLVIA DREVICH, his wife,
shall furnish to the City of Miami a liability Insurance policy
In the amount of #100.000/300,000 sad property`damege in the %mount
of $20,000. in which the City of Mind is the named insured,
holding the City baralese from say liability established by law
98- 539
01-95-98 13:36 DATA TRACE ID=954 739 9548Him P.
. . o 7 .5 a
•rising out or the gs uss or case Covemat, and will aefead,
or *suss to be defended, eajr eettoa brought e{slnet the city
In *osneetioa he»d th.
d. ili11AL REALTf WWANY, INC., a Miehigen
corporation; and AFMUR DWICR and SYLVIA OR]WICB, hie
Wife, will operate and seintaln Such outfall pipe system
Jr. n manner that will prevent it from being or beooming a
nuisonce ur detrimental to public health, safety or good
or in anywise injurious to adjacent property; and in the
event it sho Id produce or pewit unpleesont odors to emanate
therefrom, MNAL REALTY COWA W , INC.. e Michigan corparertion;
and AR'1WR DR.vVICH and SYLVIA D;MMCN, his wife, at Its cost
Will install such odor controlling devices as may be to-
quired by the Director of the Depsressnt of Public works.
7. The right of use of ssid outfall pipe system
Is restricted to structures constructed by or for HZWA! REALTY
COYFANY, INC., a Michigan corporation; and ARThZSR DRZVICH and
Sr 4IA DRFVICH, his wife, and occupied by them on Lots 42, 43
and 44, of CCRNELIA U. DAY'S SUBDIVISION, o subdivi---izn of part
of Blocks 8 end 9, of the EXIARD Y*rH'T MDWZTEAD, in the Northeast
} of Section 21. Township 54 South, Range 41 Bost, !according to
the plat thareol, as recorded in Plat B3cX 3, at Page 16, of the
Public Records of Dade County, Florida, as part of said apartment
building. Such right of use of laid outfall pipe system shall
not be assignable aseapt in Connection wish a bona fide aalc of
Lots 42, 43 .,Ad 44, of COR!MLIA M. DAY' SUBDIVIAON, e
- 4 -
98- 539
subdivision of part of 310alta 8 sad i, of the ZDWARa PINT IflIR TEAD,
in tho Nortbeent j of Bsetion 21, Taraahip bd South. Rama 11 Seat,
according to the Plot thoreof, so recorded in Plot Book 3, at Page 16,
of the Public Recorda of Dodo County, Plorl•le, as a eirgle peroel.
B. HlNAL MULTY CMANY, rNC., a Niohigsa corporation;
and ARTIMR DRWICH end SYLTIA DXMCR, his wits, shall furnian to
the City a ininteaanoo Boad in the principal amour of $1,O00.00
40
with Sureties to be approved by the Director of the Duportawat
of Public wort* of the City of Wiami, conditioned that aftur the
principal shall count to be cut and/or exonvoted the paved or
unpaved surface of any Strout along which the outfell pipe systcm
herein reforred to shall be constructed, HWAL REALTY COMPANY, i:IC.,
a Yiahigan corporation; and ARrRM DRZMCR e21 SYLVIA DPMCH, ai-,
wife, will cause suan excavation to be be0ldilled and compeatud
end tYe surface above nyme to be soddod or repoved and a level
3urfaca condition to be created, such restoration shall be
approved in writing by a qualified Inspector amployud by the City
of Miami.
v. It is further covuranted and agraod trot c 3ewegu
treatment plant shall be constructed with a polishing send
filter or a send strainer approved by the Department of Public
works, ostwoeh the final settling tonit and the effluent line,
and Shall huve a standby blower and chlorine contact basin. The
sewage plant shall be oporatod by a person holding at least a
Florida Clazs "C' Sewage dent Op-arstor's Certificate. Thu plant
shall b.; inspected annually by a qualified roprosontativu of the
manufacturer, and a certified copy of his report submitted to th,
City end the Stato Board of Health. One additional copy of Chu
monthly roport shall be submitted to the State Board of Health
for their review end acesent, and snbmisaion to the city.
- 3 -
98- 539
10. It to ftr asr spealftekw aa*esast" and agreed
that the KEAL XIALff OMOM, =G.. a U441po oorporation; end
ARTHUR DRM. Cli and slVIA NVIOB. Us We, at tAsir saps=*
will disconnuct the savegb trestsnt plant sna oonaoot toe outrall
pipe syntax at Zhu sparusuat btdlditag to the City of Miami sower
-iyntox withil 30 days after suah saver lino shall huroaftar bu
mridu nvnitable to saws the herein doseribud propurty.
11. In the avvnt such sanitary suwur sorviou is providaa
by the City by oroation of a sahit4ty sower Ixprevuxent District,
RENAL REALTY COMPANY, INC., a Kt ahigen corporation; and ARTf=
DREV?CH and 3YLVIA DRI;VICH, hie aomunaot and ogreu to
occu pt and pay Choir proportionatu part of tha cost of such
-wvr as :zamu My bu as3a33ud to th,a by Chu A334.3e2unt ;S-ctinn
nf tn: Department of Public Works of thu City.
A* 12. It is furt.lur oovenantod sad agreed by HEMAL REALTY
CCtAPANY, INC., o Miehlgan corporatioa; and ARTVUR ORM CH AND
,Y;.VIA DREVICH, hie wife, that is the avant the Director of the
Dapirtmunt of Public Works shall detarmino that it 13 aaeusaary
or udvLsablu that laid outfall pipe system bu rulocatud, remov,d,
.zturdud or its use abandoned and shall a Ll a autice to HENAL
REALTY COMPANY, INC., a Michigan corporation; nad ARMR DRLY_CH
lend �iY1VZr, DREVICH, his wife, or their heirs, sucedsso:s or
L,,t,, addressed to the than owner at trw address of the upartm-:nt
gilding, now being constructed on the tu:rain deseribod parcel of
1"nd, an 'nm.: may bb assiRnud tncroto by tr..: propur authorttl::s
of tto pity of Miaml. &NAL REALTY COITANY, INC., a Miehlgan
corporation; and ARVMM DRVICH and SYLVIA DRRVICH, hia wlfv,
-mill abnndon the use of and "nova, extend or rulocatu tha bid
outfall pipu sy3t,a so xey be directed by the City's Diraotar
of th•, Deports► nt of P-,ablic Works, at thuir uxpansa, within 90 days
nft,r th, mwid notice shall be smiled by or for the efomsaid
Director of the Dop,rtxuat o! Public Works.
- 6 -
98- 539
1y1=d5-7t$ 1:5: sc5
=954 7
13. That in the event that said stfluont line is not
reamed within 90 days ,ftes said aptia ,as horuinabove sot forth,
HENAL REALTY MMPANY, INC., a MicMipa corporation; and ARMUR
DREVICH and SYLVIA DRETICH, nls wife, shell i=distely bu lioblo
for Chu estimatod cost, as determinod by the Dopartmont of Public
Works of the City of Miami, of roaming. extending or relocating
Said outtall piposim ton, and shall pay to the City, in addition
to Chu estimatod cost as provided hLroin, nay anglnearing and
contingcnt costs, end any damages, direct or indirect, not to
czcoad tun poreant thereof, plus reasonable attornoy's foes
whtch the City may sustain on account of tho Tailuro of HENAL
REALTY COMr'ANY, INC., a Michigan corporation; and ARTHUR DRSVICH
and SYLYIA DREPICH, his wife, to carry out and oxecutd all Cnu
provisions of Cris Agreement, and the City may, at tb; solo
uloct:no of the Director of the Dopartmuat of Public Works,
r.,movo, !xtund or roloeato the said affluent line at KMAL REALTY
COMPANY, INC., a Michigan corporation; and ARTHUR DRLVICH and
3YLYIA DRtYICH, his wifo, solo cost and uzpansv; said liability
being jointly and severally and the cost thureof, plus any
enginocring and Contingant Costs, and any damages, direct or
indirect, not to uxeeod tea perecAt thuraof, plus ruauoaablo
attorneys' fuos which Cho City ray sustain on account of the
failure of tbv principal to carry out and uxeeuto all the
provisions of aria Agreement, shall be a lien on the property
as: haruinabovo described in Paragraph 1.
14. Tho right of use of tbo streets is w61eh the
outfell pipe system may bo installed under Cho routing hurein
sit forth and Cho use of Said outfall pipe system are both
restrictud to use by FEWAL ve.tTY COMPANY, INC., a ►;ichigan
corporation; and ARTHUR MMTICB and 3TLTIA DKM CN, his wife,
and th,ir heirs, exooutors. successors and thus assigns wno
7
98- 539
Purchase the spartsaat halldift fOGUIUSa and/or all of the &Dove
described property as not forth In P6"4n;b 1.
15. The right to coaetrtiet, opirste or maintain the said
outfail pipe system shall not be asslgmable to or usable by any
;and owner or lessee who owns leas then the whole of the premises
now cwned by said HENAL REALTY COIPANr>INC., a Niahigan corporation.;
ind ARTHUR DREV'CH and SILVIA DREVICH, his wife, as included in the
,dove described property as set forth in Peragropb 1.
16. In the event of the transfer of title of any lots
ercapt as a pert of a bone fide sale of the above described property,
such transfer shall render null and void any right of use of the
afore:aid outfall pipe system vested in HM1AL REALTY COMPANY, INC
a Michigan corporation; and ARTHUR DF4MCH and SYLVIA DRFVICH, hi.:
'ire.
17. If RENAL REALTY COMPANY, INC., a Isichigon ccrpbrot;,x,;
a1�d ARTHUR DRDn CH and SYLVIi. DREVICH, his wife, shall abandon the
use of paid outfull pipe system, or any pert of the above de:;crio�d
property which shall be sold or otherwise disposed of other tru2n
n. part of a single tract upon which said apartment building will
ce constructed, the City aboll have the option to require the
rttncvsl of Snld outfall pipe syntam and its appurtenances at the
c:,st of RENAL REALTY COMPANY, INC., a Michigan corporation; and
ARTHUR DR37ICH r.nd SYLVIA DR3VICH, his wife, or to perm t ::aid
N7<AL RFi4LTY COHTANY, INC., a Yichirpn corporation; and ARTHUR
DREVICH and SYLVIA DRE4ICH, his wife, to convey 7;aid outfail pipe
:y!:ten and its appurtenance:; to the City of Miami, ylnrida, witnuut
cost, other than the assumption of the future maintennnce and
operation thereof.
la. This Covenant shall be binding on HENAL REALTY
CO►^ANY, INC., a ilichigan corporation; and ARTHUR DREVICH and
.M.VT: DREV7CH, his wife, jointly and severally and their heirs.
-a-
98- 539
successors and ssuiom. and the City or Ulaa1, and Its uuccennori+.
IN WIJWM WHRMY, the parties hereto have caused t(.iu
i«dcr%LMAt to be aseauted by their proper perannj and by their
duly nutnnrized offls1413, the day sad year hareinubove firmt
written.
CITY 0! MIAMI, It municliwl
corporation ,f ct,n ;u,c� of lL.ridn
r (. ,SIC. • ' IIr l��f'V / L�atItSLrA���
A MST:
a
HML RFALTY COMPANY, INC,>
Michigan eorprm ci,,n'(/(f7/�/'
By
J�
r e en
A r=;T :
�..
=- -
- f -
98- 539
STATIC 07 !QCMQO ) `
COUNTY OF ' VATIM
I HEPJW CMMFY that on this t day of kojmh ,
1965, *afore me personally appeared
AAA" CJ4"LVF6X1 President and Secretary
respectively of HINAL HCALTI COWANY,-INC., a Michigae corporation,
to err: RRown to to the persons who signed the foram ing inatrumr-r,t
s:% '4ucn officers and severally salmowledge the oxecution thareor
to their free net and deed as nueh officers f*r the users :,nd
purposes trh<rein mentioned, and trot they affizc' thereto the
orricial ::enl or . iid c. 'p rntion, and that the said instr=ent
is mu act and dried of :{aid corporation.
NIIN iS my hand and official seal at ntT1--,iT
it. th.. County rf WAT1ri , state or Idicni can, th, my
.,n•1 yanr la: t afurdnaid.
kn.asyPu6TTc `
a+s -
My Coamission Expires., A`s MgarCo."
F FLI) IM;)
)SS.
JF D1DE )
BEFOrl'_ ME. n Norery Public in and rar ::,id itote -tnd
p.rrscnally come aRT)LR DRtYICH and SYIYII DR?VICH, hi: •,ire,
tc -3o Hezl known and known to *e the person:; cncxd in th. rorcf,.-in;5
^ . �r.n: t To Rut, "rl et, 710 Lvrti, nnrl they ackntwledve1 that they
-!x-nvutrs th• -+arse fur the purp.,aa txraia eipr.:s.-t:d.
98- 539
IN W11MM WWOMY, I hove raremate Got 1W hand sad
affixed my official seal the 290;1%ar
6 1 *-int; �.-
VY CO=18310A Expires:
Authorized by City of Miami
"1' 000- an" pro. S. M
Resolution No.
--MLIL- ADate vy - r-Ak
APPROVED AS TO TO 10 AND LML17T:
A3213LCY to 1.
STATE OF FLORIDA)
001IN7y CF PADE
1, an officer authorized to Lelia acionowledgmefits. HEREUY
CERTIFY thnc on this 4' day or 23Md. 1965, personally
ANDREW$
.ippearod before tfeA1011111011t and F. L. CORW"' known to me to be
Assistant
the/city manager sad the City Clerk, respectively, of THE CITY OF
XTA111, a municipal corporation, and known to = to be the persons
ex-cutjd trAv foregoing Covenant To Run With The Land, and they
severally scknowladgwd the execution thereof tc be their fr-a and
voluntary act and dead as such officers, for the uses and purposes
therein uxpressed, and that ttzey affixed thereto the official seal
nr the said municipal corporation. all by wA with the authority
or law and of the city Commission, and that the said iLstrU=At
i:t the free and formal act of the said municipal corporation.
WITUMiS my hand sad official seal in anitl county and. state
the day and year lost efore.qjid.
notary runila, Zv" lwt-
at Large
us comissiqPAXPIres: loft
0 NP0111 MM L W
98- 539
F!777
0A1e PB3136` 88R25
41.
AEf 3752M 592
C.
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants running with
the land ("Declaration") is made and entered into this 24th day
of March, 1988, by JAMES G. ROBERTSON ("Owner") in favor of the
CITY OF MIAMI, FLORIDA, a municipal corporation of the State of
Florida I"City");
W I T N E S S E T H:
WHEREAS, the Owner holds fee simple title o certain
property located in the City of Miami. Dade County, State of Florida,
consisting of Lots 35, 36, 37, and 38; less the West 5 feet thereof;
together with Lots 39, 40, 41, 42, 43, and 44; less the South-
easterly 5 feet thereof; CORNELIA M. DAY'S SUBDIVISION, according to
the Plat thereof as recorded in Plat 3ook 3, at Page 16 of the Public
Records of Dade County, Florida (the "Property"); and
WHEREAS, the Owner has applied to the City of Miami for a
change of zoning to obtain certain land use approval as contained
in the Application for Change of Zoning of the City of Miami, from
RC-2/5 (General Residential) to RG-2/6 IGereral Residential), and
retaining the SPI-3 overlay district, for tie above -described
property, less the southeasterly 5 feet thereof, and less 1 foot
on the north and west rear property line, and less 1 foot on the
east side property line thereof, that said application is hereby
wade a part hereof by references and
WHEREAS, a■ a companion item to the above, an Application
for a Variance to obtain certain land use approval from Ordinance
9500 as Amended, Article 15, Section 1530, Subsection 1533.3
special Height Limits to allow an apartment building on the above
site as per plans on file, with a maximum height amended to
49 feet, th,.t said application is hereby made a part hereof by
reference, and with a P.A.R. not exceeding .94; and
.•[• «ee ..^ew.. < so• ., ... - as -a• .ao.. a. ,.e,+o
EXHIBIT C
98- 5-9
13752M 593
WHERUS, the owner is desirous of asking a binding commit-
ment to assure that the Property shall be developed in accordance
with the provisions of this Declaration;
NOW. TWOWOU, the Owner voluntarily covenants and agrees
that the Property shall be subject to the folloving restrictions
that are intended and shall be deemed to be covenants running with
the land binding upon the Owner of the Property, and his heirs,
successors and assigns as follows:
A. Incorporation by Reference. The recitals enumerated
above are hereby incorporated by reference as if set forth in full.
B. Unity of Title. The Owner hereby covenants that the
real croperty hereinabove described shall be construed as a single
tract of land and no portion thereof may be subdivided for purposes
of sale, other tkan a tract of the whole consisting of all the
property as heretofore described.
C. Restricted Use. That it is covenanted and agreed that
the heretofore described property shall not be further developed
with the exception of the development as provided in the Request C
for Variance as herainabove referred to and the plans submitted
therewith and reviewed by the appropriate departments of the
city of Miami.
D. Building Height Limitation. The height of buildings
I
i. to be located on Lots 46 and 41 hersinabove described shall not
exceed 49 feet in height as provided in the amended plans submitted
by the applicant and approved by the appropriate departments of
• the City of Miami.
E. Effective Date. If the City Coamssaion of the City
approves the Owner's pending applications for Change of Zoning
and the Request for variance, and after said approval has become
final and non -appealable, this instrument snail constitute a
covenant —nning with the title to the Property and be binding
upon the Ow"c , his heirs, successors and assigns. In the event
the applications as submitted by the Owntt are cot approved,
this Declaration shall be considered null and void and shall uat
-2-
..a� � a.tt ,e, arq�.t. ...� a �o. .aor•,• ....... .. aa. a� ,aor �....,a-�
JR
98- 539
1370 594
be recorded in the Public Records of Dade County, Florida. In
's
the event the applications as submitted by the Owner are approved
by the City but are challenged by third parties in a court of
competent jurisdiction, then the provisions of this Declaration
shall be stayed pending the final determination of the court
action. In the event such court action results in a reversal of
the City's final approval of the applications, then the provisions
Of this Declaration shall be deemed null and void and without any
force or effect. These restrictions shall be for the benefit and
limitation upon all present and future owners of the Property.
F. Amendment and Modification. This instrument may be
modified, amended or released as to any portion of the Property
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 release providing that some has been approved by
the City of Miami Commission. Should this instrument be so
modified, amended or released, the Director of the Planning
Department or his successor, shall execute a written instrument
in recordable form effectuating and acknowledging such modifica-
tion, amendment or release.
G. Term of Covenant. :his voluntary covenant on the
part of the Owner shall remain in full force and effect and
shall be binding upon the Owner, his heirs, successors and
assigns for a period of thirty (30) years from the date this
instrument is recorded in the public records.
H. presumption of Compliance. Where construction has
occurred on the Property or any portion thereof, pursuant to a
lawful persit issued by the City of Miami, and inspections made and
approval of 7acupancy given by the City, the same shall create a
s.4� a �.f[ ♦�. M.Qti,.f� . t 4 .q. . .. ,. ... ,)•)1 •4H Msoi.�
�R
98- 539
KL. 59S
I, presumption that the buildings or structures thus constructed
comply wife tWJrVMt end spirSb of this declaration of Asstric-
'_. tive said Deelaraloa shall not be construed as a
z
+` e,.a an tiL2a any of said'p&perty upon which said development
has occurred.
I. Inspection and Enforcement. It is understood and agreed
that any official inspector of the City of Miami may have the
privilege at any time during normal working hours, to determine
whether the conditions of this Declaration are being complied
with. An enforcement action may be brought by the City or by any
property owner within 350 feet of the Property and shall be by
action at law or in equity against any party or person violating
or..aeeapeiaq toviolateany its, either to restrain —
�'� .< violations or to reoov*r dosages. The prevailing party in the
3 — _ z
=� action or suit shall be entitled to recover costs and reasonable
+` attorneys fees. This enforcement provision shall be in addition
r to any other remedies available under the law.
1!° J. Severability. Invalidation of any one of these cove-
. _
Hants by P. t- ud42iaof court shall not affect any of the other
Jprovisios 6'iY Daclaration,'which shall remain in full force
and effect, provided, however, that such invalidation may be
grounds for the City to amend the zoning and/or land -use
regula-tions applicable to the Property.
R. Recording. This Declaration shall be filed of record
:.� among the Public Records of Dade County, Florida, at the cost
of the owner.
IN WITNESS WHEREOF, the undersigned has set his hand and
-`: seal the dateand year first above written.
Signed, **sled and delivered ) ,
in the V.: n. _- of.
-1-
se
"?F '_ Nee R. a+fa. A..e•eewa• M ,.. a o e0• »eau �.. ..,,., H,se JaY MJ•a••a
98- 539
STATE OF FLORIDA
Set
COUM OF DADE
Before me, the undersigned authority, personally
appeared JAMES G. ROBERTSON, vho acknowledged on this 24
174,
of March, 1960, that he executed the foregoing DeclaratiM 19,
kkk *P.
Restrictive Covenants for the purposes expressed0
my.comission axpirwas
ic, State 1)", a
"r::'77-11 PAX AFLJUDA at Large
Vm-V
mAGxm B_Et C11=1 CWA
a ..CIL .4. ft".4. M ',A "IA*
98- 599
,Zi#v of Aitam.
TAMES I. KAY, P.E.
Director
February 10, 1998
Ms. Adrianne Pardo
Greenberg, Traurig
1221 Brickell Avenue
Miami, FL 33131
Dear Ms. Pardo:
HENAL REALTY COMPANY, INC.
RELEASE OF COVENANT TO RUN WITH THE LAND
2785 TIGERTAIL AVENUE
JOSE GARCIA-PEDROSA
City Manager
City of Miami Building & Zoning Department records show Building Permit No. 13-
53385 was issued to Henal Realty Co., Inc., for the construction of a 42-unit
apartment building, including a sanitary sewer lift station with a force main
constructed on the public right-of-way, and to be connected to an existing outfall.
in order to satisfy the requirements of the Release of Covenant, the property
owner must retain the services of a registered consulting engineer to inspect the
sanitary force main constructed on the public right-of-way and confirm that it has
been properly abandoned and connected to the main sanitary sewer system. The
engineer's report must then be submitted to the Public Works Department for
review.
If the report is found to be in order, Public Works will then schedule the item for
the next available City Commission meeting for Commission action.
Please contact Cesar Gonzalez of my staff at 416-1219, if we can assist you further.
Si erely,
James J. Kay, P. E.
Director
JJ K/m
CC: Cesar Gonzalez
DEPARTMENT OF PUBLIC WORKS/444 S.W. 2nd Avenue/Miami, Florida 33130/(305)416-1200/Fax:416-2153
Mailing Address: P.O. Box 330708 Mlami, Florida 33233-0708 9 Q _ 539
39
AFFIDAVIT
STATE OF FLORIDA }
} SS
COUNTY OF MIAMI-DADE }
Before me, the undersigned authority, this day personally appeared Lucia A. Dougherty
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 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 partthereof.
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. f
Further Affant sayeth not.
Applicant's Si a
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Lucia A. Dougherty
The foregoing instrument was acknowledged before me this l (J day of
19 , by r A n n „ b h Q r r who is personally known to me or who has
produced as identification and who did (did not) take an oath.
Name:
Notary Public -State of Florida _
Commission No.: or TIc1AE—`oT —":Y ;":`'
My Commission Exp' \11ARLSUI, R GUN'L1LFi_
iARl' E'l BI.IC STATF. nI
L"I" C0�I�it_
S[U`
98- 539
OWNER'S LIST
Owner's Name James Gregory Robertson
Mailing Address c.o Michael J. Swan 3701 Le Jeune Rd., Co�iaa�oGables, F1 33134 Telephone Number (3 0 5)
Legal Description: See attached Exhibit " A "
Owner's Name
Mailing Address Zip Code_
Telephone Number
Legal Description:
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Zip Code
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:
Street Address
None
Street Address
Street Address
Legal Description
Legal Description
Legal Description
98- 539
"SCLOSURE OF OWNERSE[[P
1. Legal description and street address of subject real property:
2785, 2855 and 2835 Tigertail Avenue, Miami, Florida
For Legal Description, see attached Exhibit "A"
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.
See attached Exhibit "B"
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
Owner or Attorney r er
Lucia A. Dougherty
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of_
19 , by u c i A. Dougherty who is personally known to me or 4.110 has
produced as identification and who did (did not) take an oath.
Name:
Notary Public -State of Florida
Commission No:: ' OFFiCIF.L ^:OTAF :' SEA[.
My Commissio n E hKISOL Co�zAi,Fz
pCBLIC STATE c)F Fi.ORi
COMMc a' ;'i). C C 40:,6(,7
IS ! .�� ;
MY c0mmi2SIOti F,Y_�F.1
98- 539
11 fl
-,,HIBIT A
THIS IS A BOUNDARY SURVEY
of
LEGAL DESCRIPTION:
Lots 35,36 and 37 less the Westerly 5.00' feet thereof, and Lot 38
less the Westerly and Southeasterly 5.00' feet, also lots
39,40,41,42,43 and 44 less -the Southeasterly 5.00' feet thereof,
all lying in the plat of CORNELIA H.DAY SUBDIVISION, according tc
the Plat thereof as recorded in Plat Book 3 at Page 16 of the
Public Records of Dade County, Florida. Less the external area
formed by a 20.00' foot radius curve, being concave to the
Northeast, and tangent to the Southeasterly and Westerly liaee of
the above described parcel of land.
9 8'-- 509
Exhibit "B"
Owner: James Gregory Robertson 100%
Contractee: The Clarkson Company is owned by:
1. Charles A. Clarkson
3100 University Blvd, Suite 200
Jacksonville, Florida 32216 56%
2. Robert W. Clarkson
3100 University Blvd. South, #200
Jacksonville, Florida 32216 5%
3. Doris M. Magowan
2100 Washington Street
San Francisco, CA 94109 24%
85%*
• The remaining 15% interest is owned by individuals who each own less than 5% interest.
MIAMVPEREZR/921300r)qY_01I DOCJ2/091%
98- 539
I 5499n402
zq
RAM= FORM a
A CL
TAx F6tlo No' 01412102SO350
Grantee's SS#260 07 0744
IM Qu[t-Mim ]Dttd, Fsrrutsd th"10th clay of !)CCe=bzr A P. l489 by
ITZIL RIVAS ROBERTSON, a single woman
Jim" party, to JAMES G. ROBERTSON
0
N
. W bwq postoffice Qjjrt s it 2955 Tigertiti Avenue, Still r e I :oc,—Ljc
'0
33133
second party;
fwl— "'d bQ'W' 0.
N Oft
That the &W jint part),, for and in co,u,d*smf,on a! if- 3-ri ai '0. 00 -------
Ift ;.Md paid L7 16 :.Ij ffMnj paej)l, the IVCtpi Whereof il tines ;Wrl,hy romi.c.
Itsess, cold qWI-cleta onto the said second party jalrlroo" all (he right, t"it,' claim and demand .ylarh
the Md first WY has In to the 442c6ed lot. of.re or parcel ei Ic,td. situaf.. lying and boirla
in the CotlnI7 of Dade
Lots 42, 43 and 44 Of CORNELIA M. VAY'S SOBDIVISION, of
part of Blocks 8 and 9 of EDWARD PENT ROMESTSkEl, according
to the Plat thereof, recorded J.n Plat Book at Page 16 of
the Public Records of Dade County, F)orida.
&
TV VAR ARd tD '410bf
nIt —A
be'-nging or in anywL" ojopertaini,,o ci
f4. -I'le, "-I.! ciwl' 11-nal-
j000vr of the Sold first party. oilk" in 1—
6, told
second party forgoer.
In Iffibless 10hendne said fl"l party l'o. S00-4 car! szo!l,4 P"'l,nu the day and
first above, wrtiton.
Started, loafed and delivemd In W,vsollcl .1
AM
5 FA'r S 0 N
0E.: 3 M.A. '!)-, Str,.et
.......... .
NNA H. DIX50N
11TATE OF FLORIDA,
;0UNTY Of DP.DF
I ."Ep. r:' e.).
offlen, d.11. ..'hotbed ;n :J't Mat, 09""1" —0
dhe
e.,.e
Decr.z;L,,,r
it
98- 539
ti�r�G. ?rf 54 02
w►nii�»i.iM,:. •: ttwMco roFM s
Tax;,f 011o.:t1a. 0141210250310
GceriMe's 55#2b0 07 0744
�.:�({�•�� ��(�� E:ecvted this 18thda3' of December , .4. (?. 1089 , by
ITZEL RIVAS ROSERTSON, a single woman
o
Rost party, to 3AMES G. ROBERTSON
} G
o
rN
whose postofficeadd,ess It 2855 Tlgertall Avenue. Su_;e 4110, C.o, vnuc Crovc, Floridc
i -C
33133
second pert',
a
(ert•..... acre V +A..« "am e.rw� •vet '• ,,.0 Nr.i ti.;l InrLdr ......,., ..� pt.n,, trio, M•r
IsP ttwr, M •w.er r!AnJ..1.N. ••1 w .velvet>...J .u,l•, r, r:T,,..,u,..• .ln,t.a..br m..r.
;�i
r�
N
G
i�(piLJiel s That this said first party, (K and in ronerdernron o1 11'. )tun of S 10.00---------.
j
In hand pall bry it's said Recasts( party. the rreelpt whereof is hortby ncknowladgad, does herebv remisa• re
Ime, and qutt•t:iatre unto 1i,s eats( ,.znd Darcy forever. of? tke ,Igit, wit, tntsrast• cietm and dL.nand w,hich
the said firs! party has in and In the 1o11. wing dareribed lo!. Dtac• or oarc.ti of Land, situate, f, imq and below
,
to the County of Uade $tors of rl-ari(1a to—dr.
Lots 35, 36, 37, 39 dad 39, of CCPNEL_t: r.. DAY'S Sits -
DIVISION, of part of Blocky 8 ar.1 y c EDivAR6 PENT
HCSMESTEAL`, eccordf:lc to t;ze Plan tn=r4:`;f, JF: racurdrd
in Plat Book 3 at Paul 16 of t;.r: .; Re•. ^r s r' Daat.
County, Florida.
W ,�, x, - Pw n:),u H ai&
Cery o' C img dt Cw
D.tlry�
i
i
f
I
'y} e/ �}M `■/� hold
JD Matt .and to hold :hG .•GfT] lnlJeiif Ur wf.` Oil. nl'.�
1
•.l (.:: �,Ir Ihy aDDU1/OnAnCS) IrILIC.,rI,A '
belonging or in anywise appnNatning. and all th.t e, auto. nq;,1. vela, tnt,mv. !ten, equliy and Lrabn
seats of ike said first twtl. etli�, to !aw+ or ogtwy, w :r.r nniy r........
u)r•. l:G•nr!:t and brhaoi of the v„d 1
emse
Party ►.
saconn7dws
1
{
ant tS$ W tErEDlS , 7ho said 1wi o-ty r,a) vm.—c ,,,,,;
1({� tn
,,,. i,d t{ir,n �msrntr 11'. day
first above Witten.
/
Started, soul d and dellt,aod Jr. oresenco of.
RMANDU A't z,
1 n
/Q li
•t/.�X.�t.-.... �-...
tt
�•r�y'
1 ... .... r
ANNA H. DIYK-H �-
1 ;r�
::TAw Or r: rminA, i
cuurr:�i r,: I1:�F. j
.� rr.,. t.:,o sn ,n - 11• !'r t:^. .I<.., . r - <r � ..
,. ,�: C'
:KiLTG rl.r :1;♦'. �t i' � . z.. •.' .I r .. u
'�ru Imm�mr.:� �'nrro•rr,::i v ,,o � •, t r o , " , .
-fao4�atrtiPfara.eee�r..•,�,`.,..... '}•'�-' r d3Y7f,I Tul
r Y�e'.� FJi i71:. T'"'>• �c�y�,
9 � - r•Cr�
4 �!• RAitW *ORle a
i'Dt412102503402 and 014121o4,<o3303
= :`,Graa�tee'x''SS122'6-,0t`•�0,7.0744
ai r ,} ��y E�eafed i!ta 18th del of Stcarchar
Mr. RIOAS ROBERTSON. a single woman
fow party. fo -TAMES G. ROBERTSON
IvAosepoafoiffeeadd+r„ 1C 2855 Titortail Avenue, Sul:e :'::''', ;;^tnr,r[ Grope. )•lot'fee
33133
srrvrnd parry:
rtV►rrf.er arJ t,fnl..w IM,o. 'n,. .na .. ...... .
�ttleSs¢i�1f i•rint :ha rafts Nnt potty, for cowl in =q—ir--t a .
In hand Paid 4 site rn)d Ze and party. ti+o nretpt v,i.,w? )t 6...Sy rtc.:.�,•!J,. ^.'ar., F.J•<;•; n_..,- ,<
Gage and quit•elattn ante fha eatd s,e—d potty jl of( du -got, fit:..
16 fatld first Party has 1n aJ..l to the o'esrf•Jbed I.J. fare or P ,t v! + .r.. .,
P �! on,!, ,pools iy;n :nri oo nq
to tht County of Dade $tar. of Florida ,
Lots 40 and 41 of CORNEZ.1A M. DAY'S SUB'IW:S-TON, accord-
ing to the Plat thereof, as recorded in Flat mac.; 3, Page
16, of the Public Records of Dane CoijnLv, Florida.
YC-. D.n M cos FVAI avcww teW
tY n•Je <.aVY<. Kd•an
i:J:t159
To Have and to Role n. n,,. ,��.:
r¢,:
)
Loanpfnp In anytvso anpertalnlnu, and c." 'i�<
,,.. ,Jl,r;, �, a,r• u:: rt rir r nt,.
r. 'ctc. ny}d r.rl. :r.t,.f: r. ..- n;t"ry trn" 16-.,A.:;rover
ffor
of t)te sa:d first party, ailR- In taW D< nQairy,
(n :A, only pronor �, !,,,n rl �' fin] hrl,0o? Jr t!:f ,old
second party
f,,or�t,ar
+
b Rfitn]�j
ess ht red, Th. solo! (urr perry
1,ut ,tpnrd --I!
>.aicd l„rso rrnrnls th. d.y t,nu y-m.
(oat above wrtlten.
Si eeaw and tiailvered hl prassnco
r
�{�RAYV
ZEL
A rf
J
\
� 0633
KIVAS ROST-RTSON
N.W. ',h Strect
NA H. iXSON
SPATE OF YLOR1DA,
:ours-,v of nArt
—
1 {,^, f•S. ;l,
C E h 1.
erftr.rr Muir .atflerl' d in 0. ,l,tc .fel ,—; ri„ if. ,� Cn.J
n•.y ,i :r<a,�[ t�
...r a;1 n0•.: .�.T<nt), ➢<r.Grreii) :., yr.�.,
SD TO l:no.rw 10 {,e 11,e ytrf<'.i: ltl:�•••.' ,. :rC .. r, r,rt.,.
l,. ., ...
.. .r r')r ,.l n..'. �.•
b<fon me ,n>t ilhe
Wi7fJF.55 a,r h-1
Diiccm!'er A.
.mv Con::i_slnn
l -
._ `��.,.. Ol. 'i:,.r,�•
This instrument was prepared by:
Name: Lucia A. Dougherty, Esquire
Address: Greenberg, Traurig, Hoffman, Lipoff, Rosen &
Quentel, P.A.
1221 Brickell Avenue
Miami, Florida 33131
(Space Reserved for Clerk of the Court)
MODIFICATION OF DECLARATION OF RESTRICTIVE COVENANTS
RECORDED AT OFFICIAL RECORDS BOOK 13752, PAGES 592 - 596
THIS Modification of Declaration of Restrictions running with the land is made this
day of , 1998, by , (the "Owner"), in favor of the
CITY OF MIAMI, FLORIDA, a municipal corporation of the State of Florida (the "City") (the
"parties").
WANE-S-SEIR:
WHEREAS, the Owner holds fee simple title to certain property located in the City of
Miami, Miami -Dade County, State of Florida, consisting of Lots 35, 36, 37, and 38; less the
West 5 feet thereof; together with Lots 39, 40, 41, 42, 43, and 44; less the Southeasterly 5 feet
thereof, CORNELIA M. DAY'S SUBDIVISION, according to the Plat thereof as recorded in
Plat Book 3, at Page 16 of the Public Records of Miami -Dade County, Florida (the "Property");
and
WHEREAS, a Declaration of Restrictive Covenants, in favor of the CITY OF MIAMI
was recorded in the Public Records of Miami -Dade County in Official Records Book 13752, at
Pages 592 - 596, which placed certain restrictions and conditions on the use of the Property (the
"Declaration"); and
1
-.9o7
98- 539
This instrument was prepared by:
Name: Lucia A. Dougherty, Esquire
Address: Greenberg, Traurig, Hoffman, Lipoff, Rosen &
Quentel, P.A.
1221 Brickell Avenue
Miami, Florida 33131
(Space Reserved for Clerk of the Court)
MODIFICATION OF DECLARATION OF RESTRICTIVE COVENANTS
RECORDED AT OFFICIAL RECORDS BOOK 13752, PAGES 592 - 596
THIS Modification of Declaration of Restrictions running with the land is made this
day of , 1998, by
(the "Owner"), in favor of the
CITY OF MIAMI, FLORIDA, a municipal corporation of the State of Florida (the "City") (the
"parties").
YY11NE.SjSETH:
WHEREAS, the Owner holds fee simple title to certain property located in the City of
Miami, Miami -Dade County, State of Florida, consisting of Lots 35, 36, 37, and 38; less the
West 5 feet thereof; together with Lots 39, 40, 41, 42, 43, and 44; less the Southeasterly 5 feet
thereof; CORNELIA M. DAY'S SUBDIVISION, according to the Plat thereof as recorded in
Plat Book 3, at Page 16 of the Public Records of Miami -Dade County, Florida (the "Property");
and
WHEREAS, a Declaration of Restrictive Covenants, in favor of the CITY OF MIAMI
was recorded in the Public Records of Miami -Dade County in Official Records Book 13752, at
Pages 592 - 596, which placed certain restrictions and conditions on the use of the Property (the
"Declaration"); and
1
98- 539
This instrument was prepared by:
Name: Lucia A. Dougherty, Esquire
Address: Greenberg, Traurig, Hoffman, Lipoff, Rosen &
Quentel, P.A.
1221 Brickell Avenue
Miami, Florida 33131
DR -
(Space Reserved for Clerk of the Court)
MODIFICATION OF DECLARATION OF RESTRICTIVE COVENANTS
RECORDED AT OFFICIAL RECORDS BOOK 13752, PAGES 592 - 596
THIS Modification of Declaration of Restrictions running with the land is made this
day of , 1998, by , (the "Owner"), in favor of the
CITY OF MIAMI, FLORIDA, a municipal corporation of the State of Florida (the "City") (the
"parties").
W11 NE-S-SEIR:
WHEREAS, the Owner holds fee simple title to certain property located in the City of
Miami, Miami -Dade County, State of Florida, consisting of Lots 35, 36, 37, and 38; less the
West 5 feet thereof; together with Lots 39, 40, 41, 42, 43, and 44; less the Southeasterly 5 feet
thereof; CORNELIA M. DAY'S SUBDIVISION, according to the Plat thereof as recorded in
Plat Book 3, at Page 16 of the Public Records of Miami -Dade County, Florida (the "Property");
and
WHEREAS, a Declaration of Restrictive Covenants, in favor of the CITY OF MIAMI
was recorded in the Public Records of Miami -Dade County in Official Records Book 13752, at
Pages 592 - 596, which placed certain restrictions and conditions on the use of the Property (the
"Declaration"); and
1
98-- 539
This instrument was prepared by:
Name: Lucia A. Dougherty, Esquire
Address: Greenberg, Traurig, Hoffman, Lipoff, Rosen &
Quentel, P.A.
1221 Brickell Avenue
Miami, Florida 33131
DRF
(Space Reserved for Clerk of the Court)
MODIFICATION OF DECLARATION OF RESTRICTIVE COVENANTS
RECORDED AT OFFICIAL RECORDS BOOK 13752, PAGES 592 - 596
THIS Modification of Declaration of Restrictions running with the land is made this _
day of , 1998, by , (the "Owner"), in favor of the
CITY OF MIAMI, FLORIDA, a municipal corporation of the State of Florida (the "City") (the
"parties").
W-11NE5-SE111:
WHEREAS, the Owner holds fee simple title to certain property located in the City of
Miami, Miami -Dade County, State of Florida, consisting of Lots 35, 36, 37, and 38; less the
West 5 feet thereof; together with Lots 39, 40, 41, 42, 43, and 44; less the Southeasterly 5 feet
thereof; CORNELIA M. DAY'S SUBDIVISION, according to the Plat thereof as recorded in
Plat Book 3, at Page 16 of the Public Records of Miami -Dade County, Florida (the "Property");
and
WHEREAS, a Declaration of Restrictive Covenants, in favor of the CITY OF MIAMI
was recorded in the Public Records of Miami -Dade County in Official Records Book 13752, at
Pages 592 - 596, which placed certain restrictions and conditions on the use of the Property (the
"Declaration"); and
1
This instrument was prepared by:
Name: Lucia A. Dougherty, Esquire
Address: Greenberg, Traurig, Hoffman, Lipoff, Rosen &
Quentel, P.A.
1221 Brickell Avenue
Miami, Florida 33131
DRF
(Space Reserved for Clerk of the Court)
MODIFICATION OF DECLARATION OF RESTRICTIVE COVENANTS
RECORDED AT OFFICIAL RECORDS BOOK 13752, PAGES 592 - 596
THIS Modification of Declaration of Restrictions running with the land is made this
day of , 1998, by , (the "Owner"), in favor of the
CITY OF MIAMI, FLORIDA, a municipal corporation of the State of Florida (the "City") (the
"parties").
WHEREAS, the Owner holds fee simple title to certain property located in the City of
Miami, Miami -Dade County, State of Florida, consisting of Lots 35, 36, 37, and 38; less the
West 5 feet thereof; together with Lots 39, 40, 41, 42, 43, and 44; less the Southeasterly 5 feet
thereof; CORNELIA M. DAY'S SUBDIVISION, according to the Plat thereof as recorded in
Plat Book 3, at Page 16 of the Public Records of Miami -Dade County, Florida (the "Property");
WIN
WHEREAS, a Declaration of Restrictive Covenants, in favor of the CITY OF MIAMI
was recorded in the Public Records of Miami -Dade County in Official Records Book 13752, at
Pages 592 - 596, which placed certain restrictions and conditions on the use of the Property (the
"Declaration"); and
1
98- 539
This instrument was prepared by:
Name: Lucia A. Dougherty, Esquire
Address: Greenberg, Traurig, Hoffman, Lipoff, Rosen &
Quentel, P.A.
1221 Brickell Avenue
Miami, Florida 33131
DR�
(Space Reserved for Clerk of the Court)
MODIFICATION OF DECLARATION OF RESTRICTIVE COVENANTS
RECORDED AT OFFICIAL RECORDS BOOK 13752, PAGES 592 - 596
THIS Modification of Declaration of Restrictions running with the land is made this
day of , 1998, by , (the "Owner"), in favor of the
CITY OF MIAMI, FLORIDA, a municipal corporation of the State of Florida (the "City") (the
"parties").
W11NESSEIR:
WHEREAS, the Owner holds fee simple title to certain property located in the City of
Miami, Miami -Dade County, State of Florida, consisting of Lots 35, 36, 37, and 38; less the
West 5 feet thereof; together with Lots 39, 40, 41, 42, 43, and 44; less the Southeasterly 5 feet
thereof, CORNELIA M. DAY'S SUBDIVISION, according to the Plat thereof as recorded in
Plat Book 3, at Page 16 of the Public Records of Miami -Dade County, Florida (the "Property");
and
WHEREAS, a Declaration of Restrictive Covenants, in favor of the CITY OF MIAMI
was recorded in the Public Records of Miami -Dade County in Official Records Book 13752, at
Pages 592 - 596, which placed certain restrictions and conditions on the use of the Property (the
"Declaration"); and
1
9q-'
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Walter Foeman DATE August 19, 1998 FILE
City Clerk
SUBJECT:
RESOLUTION 98-539 REGARDING 2785
FROM: REFERENCES: TIGERTAIL AVENUE MODIFICATION OF
Yamile Marrero Trehy ZONING COVENANT.
Assistant City Atto ENCLOSURES:
This Office is in the process of reviewing the modification
of zoning covenant for the above -referenced property. In doing
so it has come to our attention that the attachment your office
has for Resolution 98-539 (modification of zoning covenant) is
incorrect. In fact, the attachment you currently have is
identical to the proper attachment for Resolution 98-538
(release of sewer covenant) which also concerns this property.
Enclosed please find a copy of Resolution 98-539 and the
proper attachment (i.e. the original zoning covenant for the
property which is the subject of the modification approved in
the resolution.)
If you have questions concerning the contents of this
memorandum please feel free to give me a call.
c: Joel Maxwell, Assistant City Attorney
t
V
YMT: C I k98-4Tigettai lResoAttach. doc
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J-98-429
4/27/98
RESOLUTION NO. 9 8 " 5 3 9
A RESOLUTION, WITH ATTACHKENTS, APPROVING AN
AMENDMENT TO THE ZONING COVENANT RUNNING WITH
THE LAMP DATED JULY 18, 1986, RECORDED IN THE
OFFICIAL RECORDS OF MIAMI-DADS COUWrY,
FLORIDA, $OOR 13752, AT PAGES 592-596 (THE
"ZONING CQV,NANT") FROM JAMBS G. ROBERTSON
( THE "OWKJ;R") AND LOCATED AT 2785, 285S, AND
2835 TIGBATAIL AVENUE, MIAMI. FLORIDA (THE
PPROPERTY•) TO BELEM THE LANGUAGE IN
PARAGRAPH "C° AND PERMIT THE DEVELOPMENT OF A
LODGING HWSBLON THE PROPERTY; THE APPROVAL
OF THE ANMMMKNT TO THE ZONING COVENANT IS
SUBJECT To THE 8XECOTION AND RECORDATION AT
OWNERS EXONNSE OF AN AMENDED ZONING COVENANT
RMIw:EX(; WITS THE LAND ACCEPTABLE TO THE CITY
ATTORNEY.
0
WHEREAS, the property located at 2785, 2855 and 2835
Tigertail Avenue, Miami, Florida, more particularly described on
attached Exhibit "A" (the °Property") is subject to a Zoning
Covenant Running With The Land dated July 18, 1988, recorded in
Official Records of Miami -Dade County, Florida, Book 13752, at
Pages 592-596, attac;hed as Exhibit "B" (the "Zoning Covenant');
and
WMMEAS, the Zoning Covenant restricted development of the
Property to an apartment per plans an file at the time of the
recording of the Zoning Covenant and the current owners desire to
develop the Property as a Lodging House; and
wHZREAS, the Catty coomssioa after careful consideration of
this matter finds t74at it is in the best interest of the general
ATTACHMENT(S)
CONTAINED
MAY 2 6 IM
98- 539
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305 579 0717; 08/14/98 16:05; jtft #877;Page 9
welfare of the City of Miami and its inhabitants to approve the
modification to the Zoning Covenant as sec forth herein below for
the Property;
NOW, THMMYORS, BB 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. An amendment to
the Zoning Covenant
Running With The Laid dated July 18, 1988,
recorded in Official
I
Records of Miami -Dade County, Florida, Book
13752, at Pages 592-
596, attached as Exhibit "B" (the "Zoning
Covenant") from
James G. Robertson (the "Owner") for the
property located at
approximately 2785, 2855 and 2835 Tigertail Avenue, Miami,
Florida, which restricted development of
the Property to an
apartment per plans on file at the time of
the recording of the
Zoning Covenant be and the same is hereby
amended to permit the
current Owners to develop the Property as
a Lodging House per
current plans on file and subject to
the execution and
recordation at Owner's expense of an amended Zoning Covenant.
Section 3. This Resolution shall
become effective
immediately upon its adoption.
98- 539
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`L J C,
PASSED AND ADOPTED this 26th day of '-clay 1998
JOE CAROLLO, MAYOR
In UM dance with Mislni Cptio Sec. 2-36, smco the ytayrw did no: WL.mre Leo, at
tWs legistadw by signingdace
it in Me designated prw,gd, s=:a .e4
b19COmeS 6ffeCdvB with the el2pso Of ten (1 ) from a of Corntr, :..is ",.._a
ATTEST: rogatty Q same. witltota the Maypr,
L
WALTER. J . FOENW, CITY CL=x Ws J. men, City Cork
PREPARED ,MN PPVAD BY:
YAMILE
ASSIST
3 - 98 - SS C.
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Yt{i8L* A..
THIS IS A BOUNDARY SURVEY
of .
Lacs 35.36 sad 31 less cae uasce::y 5 00' feet treseet. aid Lot. 98
:ess cue westerly &o4 Soucueascerly 5.00' feet, also lots
i. 19, 40.41.42.43 avid 44 less •the Soutb6%&4CeriY 5.00' test cbereof .
all lrsug sa the plat at CORSEE-11A EF.DAY SUBDIVISION. accordanq tc
cue Plat cheroot ss recorded i4 P!ac Bock 3 at Page 16 of tke
ftblic Records of Dade Coucty. Florida. Lass the eztesaa/ a:ca
fo:aed by a 20,00' foot rad:as curve. be_mr, co -cave to the
Nercteast, aad a,4s9sa: to etc Souc:eascerly sad westerly limes of
the above doscrlged pa:c:el Q;1-444.
i
98- 539
Ed
b
our rK 1370 R
DBCXJJWTON OF ii85TRICTIVE COVf1Affs
this Declaration of itestrietive Covenants runninq with
the land (`De04ratien") is made and entered into this 24th day
of March, 198s, by JhHE 6. RD888'1`SOU VOwner') in savor of the
CITY of 1x"U, PlAm A, a municipal eorporatin4 of the State of
Florida (City*):
V I T 9 1 SSZTH:
VBRRW. the owner holds few simple title to certain
property locat♦d in the City of Miami, Dada County, State of Florida,
consisting of Trots 35. 36, 37. and 38; less the hest S feet thereof;
together with ;.Ota 39, 40, 41, 42, 43, a:td 44; less the South-
easterly 5 feet thereof; CoftaUJA M. DAY•S SUBUrnSION, according to
the Plat thereof as recorded fn Plat Boric 3, at Page 16 of the Public
Placards of Ded¢ County, Florida (tile OPLOpezty") ; and
flXERL43, the Owner has applied to the City of Miami for a
change o£acali to obtain certain land use approval as contained
in the Application for Change of Zoning of the City of Miami, from
RG-215 (General Pasidentiall zo StG-2/6 (General Residential), and
retaininq the SPI-3 overlay district, for the above -described
property, less the southeasterly 5 feet thereof, mad less 1 foot
on the north atld west rear property line, and less 1 foot ou the
east side prcpprty line thereof, that said application is hereby
made a part heXeof by reference; and
it88RPaS, as a coupaai.ea item to the above, an Application
for a variance to obtain certain land use approval from Ordinance
9500 as AmerAo, Article 15, Section 1530, Subsection 1533.3
speoial Seight Li.aits to allow an apartment building on the above
site as per plus on file, with a maximum height amended to
49 feet, that said application is hereby made a part hereof .y
referenx, and with a F.A.R. not exceeding .94; and
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JACK •. •ACC-JY. AT►P,ewsV AT O to• 3SO230 —^ .I. FL,. 33oaS • :aON 060-09.0
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OW,
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XH=ZhS, the Owmr is desiroMs of making a binding commit -
sent to as*ure that the Property shell be developed in accordanom
with the provisions of this Declaration;
WW, TjUqMFOFx, the Omer voluavArtly cwjanants and agrees
that the Pzopert:r shall be subject to the rvllowinq restrictions
that axe 'atende4 and shall be deemed to be covenants rnmzjzg with
the IaAd binding upon the Owner of the Property, and his heirs,
successors sad aquigns as foUaws;
A. 12223w-gration by Reference. The recitals snumZated
above are h0kreby i=orporat&A by reference as If sat forth in full.
a. of Title. The Owner hereby covewAts that the
real property bereinabaIve described shall be construed as a single
tract of land and no portion thereat may be subdivided for purposes
of gals *%har than a tract of the whole cor-sisting of all the
property an beretpofore described.
C. Restricted. Use. That it is covenanted and agre" that
r_',Ae heretofore described property shall not he further developed
with the e3weptjqn of the 4evelcomatit an provided in the Reg"st
for Variance as bpIreinabove referred to and the plans submitted
therewith and reviewed by the appropriate departments of the
city of Ki —' .
D. Su&14�eg Height L%nization. The height of buildings
to be located ou Acts 40 and 41 hex*i=&bCVft described shall not
exceed 49 fIest in height as provided in the amended plena submitted
by the appll,osat #xA approved by the appropriate departments of
the city of W—i-,
S. afteouve Dot-. if the City Comission of the City
approves the owner's penang applications !or Change of Zoning
arA the FAKpapst for Variance, and after said approval-i has became
final and non-appoalable, This instrument shall constitute a
Covenant runping with the title to the Property and be binding
upon the owner, bis heirs, successors and assigns. In the event
the applications als submitted by the Owner are not approved,
this Declaration shall be considered null and void and shall not
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I2M 594
be recorded in the Public Records of Dade County, Plorida. in
the event tow applications as submitted by the Omer are approved ;c
by the City but are challenged by third parties is a court of
competent j}z isdietioo. than the provisiors of this Declaration
shall be stayed pending the final determination of the court
action. I& the event such court action results in a reversal of
the City's Rinal approval of the applications, than the provision
of this Deolarati shall be deemod null cad void and without any
fosoe or affect. these restrictions shall be for the benefit and
limita4tion Ppon all present and future owners of the Property.
F. Av endmeat and Hodkfi.eation. RAis instrument may be
mndifW# aided or released as to any portion of the Property .•
by a v=ttsp instrument executed by the then owner of the fee-
siaple title to the land to be affected by such nodifieation,
amendment or release providing that same has been approved by
the City of Kiami Commission. 8bould this iastruasnt bs so
modified, apanded or released, the Director of the Planning
Deparismaot or his successor. shall execute a written inst vment
in reaosdable form effectuating and acku lodging such modifica-
tion, amead{ment or release-
G. Te=a of Covenant. This voluntary covenant on the
part of the Omer shall remain in full force and offect and
shall be bipdin upon the Ovaar, his hers, successors and
assigns for a period of shirty (30) years front the date this
instzusi-nt ;is recorded is the pabiic records.
A. PresR321iion of Compliance. Where constriction has
occerrad cA the property or any portion r.Jwsreof, psrsuaat to a
lawful permit issued by the city of Miami, and isuspections made and
approval o: occupancy given by the City, the same shall create a
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4"GIC Y. 020CL JO- ^TVP*MOCV AT 46 . O .oa s.odJ• C-43-02-0
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P 1370 595
presumption t"t the buildings or structure's thus Constructed
Comply with tho iAtent had spirit of this ceclar&tion Of 286=jo-
tive Covenants and said Declaration shall, mot be construed as a
CIO" an title to any of said property upon which said development
has occurred.
I. Insloation and 2gorcesient, it is understood and agreed
that any offiaW inspector of the city of niami may have the
PtiViJAM" at SAY tine during norml working hours, to determine
whexbor the ***dLtiA2 of this Declaration are beinow complied
with. An enteXcement action may be brought by the City or by any
property ow"r within 35o fast of t!2e property and shall be by
Action at law qC in equity against any party or Person viclati-sks
or attempting violate any Covenants, eirber to restrain
violations or fo recover damns$. The prevailing party in the
action or suit shall be entitled to recover costs and reasonable
attorneys fives, This enforcement P=wlsi= 2haLII bft in addition
to any other zqmodum available under the law.
J. severability- znvalidation of any one of these Cave-
Hants byjudgmmt of Court shall not affect any of the other
provisions of this Declaratica, which shall remain is full force
and effect, pz%Wided, however, that such invalidation may be
ground& for the city to amend the coning and/or land -use regrla-
tions applicable to the Property.
X. This Declaration shall be filed of record
among the ftblLo Recox-do of Dade County, Florida. at the cost
of the owodw.
nj Wl"_VW womao?, the undersigned has set his IjkrA and
seal the date. and year first above written.
Signed, sealed and delivered
in the Presence at;
JAUS _G.R013XnL;S0X
f
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JACK IL MCC JR. ^VT*MkgV AT "W 0 002L 360&30 34830 -"VOW "_""O 14
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W.-
,
mu of nORIC14 )
) Est
coo= OF Dan I
SeZore imes the wndw;raiqvAd authority, permos%ally
appeased JZMW 4. 2WEEMM. wbo ackaovLdge I on Chu ?4,
of March, ).939, that bet executed tba fmvsq*Ln4 mclaratt
Re2triative Covwz&nts far the purposes *Uprassed thema&&
XT Comission e%qALrmAJ
X "f,:
coca LAW
emit= ft- Z
notary Public, wCats Oz MI&
at Large
M= CwAd
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