HomeMy WebLinkAboutR-96-0789J
LT— 96-1045
10/15/96
RESOLUTION NO.9 6 " 789
A RESOLUTION, WITH ATTACHMENTS, APPROVING AN
AMENDMENT TO THE DECLARATION OF RESTRICTIVE
COVENANT, DATED SEPTEMBER 28, 1992, RECORDED
IN OFFICIAL RECORDS BOOK 15663 AT PAGES
0716-0720 (THE "ORIGINAL COVENANT"), FOR THE
PROPERTY OWNED BY RAUL AND MADELAINE M.
GALINDO (THE "OWNERS"), LOCATED AT 2947-49
SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA (THE
"PROPERTY"), TO MODIFY SECTION "B" THEREOF BY
ELIMINATING THE REQUIREMENT THAT A CONCRETE
BLOCK WALL BE CONSTRUCTED ON A PARTICULAR
PORTION OF THE PROPERTY; AND SUBSTITUTING
THEREFORE, THE "MODIFICATION TO DECLARATION
OF RESTRICTIVE COVENANTS," IN SUBSTANTIALLY
THE FORM ATTACHED HERETO, SUCH APPROVAL BEING
SUBJECT TO THE EXECUTION AND RECORDATION AT
OWNERS' EXPENSE OF THE MODIFICATION TO
DECLARATION OF RESTRICTIVE COVENANTS.
WHEREAS, Raul and Madelaine M. Galindo (the "Owners"),
are the fee simple owners and record titleholders of the
property located at 2947-49 Southwest 22nd Terrace, Miami,
Florida, (the "Property"); and
WHEREAS, the Property is subject to a zoning covenant
running with the land executed by Raul Galindo and Luis
Galindo in favor of the City, dated September 28, 1992,
recorded in Official Records Book 15663 at Pages 0716-0720,
attached to this Resolution as Exhibit "A" (the "Original
Covenant"); and
C014TP:,IT
CITY COMMSSION
MEETING OF
0CT 2 4 1996
llesolutlon No.
96- 789
9
WHEREAS, the Original Covenant provides that it may be
released, modified or amended by written instrument upon
approval at a public hearing before the City Commission; and
WHEREAS, the Owners have requested an amendment to the
Original Covenant to allow the deletion and modification of
the Original Covenant; and
WHEREAS, the City Commission, following a public hearing,
finds that it is in the best interest of the general welfare
i
of the City of Miami and its inhabitants to allow the proposed
Modification to Declaration of Restrictive Covenants, attached
to this Resolution as Exhibit "B", as provided hereinbelow;
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 Declaration of Restrictive Covenant is f
hereby amended by modifying Section "B" thereof as follows:
(A) the requirement that a concrete block wall be constructed
to separate the Radio Mambi parking lot from the adjacent r
duplex is hereby eliminated.
f Section 3. The Modification to Declaration of �
Restrictive Covenants, in substantially the form attached
hereto as Exhibit "B", is hereby approved, subject to its
execution and recordation at Owners' expense. t
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r,Lli.
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (the "Declaration")
/,"b
made this Ae day of ��992, by Raul and Luis Galindo
(the 11Owners"), in favor of the City of Miami, Florida, a
municipality of the State of Florida (the "City").
W I T N E S S E T H:
WHEREAS, the Owners hold Fee -simple title to certain property
in the City of Miami, Florida, located at 2947-49 S.W. 22nd
Terrace, Miami, Dade County, Florida, and legally described as Lot
30, less the South eleven (11) feet thereof, in Block 2, of AMENDED
PLAT OF MIAMI SUBURBAN ACRES, according to the Plat thereof, as
recorded in Plat Book 4, at Page 73 of the Public Records of Dade
County, Florida (the "Property"); and
WHEREAS, the Owners are presently applicants before the City
of Miami. City Commission for a change of zoning classification in
the Official Zoning Atlas of the City of Miami, from Duplex
Residential to Restricted Commercial for the above -described
Property, (the "Change of Zoning Classification"); and
WHEREAS, the Owners are desirous of making a binding
commitment to assure that the Property shall be developed in
accordance with the provisions of this Declaration;
NOW THEREFORE, the Owners voluntarily covenant and agree that
the Property shall be subject to the following restrictions that
are intended and shall be deemed to be covenants running with the
land binding upon the Owners of the Property, and their successors
and assigns as follows:
Prepared by:
A. Vicky Leiva, Esq.
Ferrell, Cardenas, Fertel & Morales
1920 Miami Center
201 South Biscayne Boulevard
Miami, Florida 33131
Phone: (305) 371-8585
1
EXHIBIT "A"
96- 78-1j'
A. The recitals and findings set forth in the preamble to
this Declaration are hereby adopted by reference thereto and
incorporated herein as if fully set forth in this Section.
B. Landscape Buffer and Wall. Prior to the issuance of
any building permits on the Property, Owners shall obtain approval
of a landscape plan (the "Landscape Plan") from the city of Miami
Planning, Building and Zoning Department which Landscape Plan shall
reflect a twenty (20) foot wide landscaped buffer (the "Buffer")
along the entire southern boundary of the Property adjacent to and
along S.W. 22nd Terrace. The Buffer shall contain landscaping (the
"Landscaping") inclined towards an eight foot high masonry wall
(the "Wall") which Owners shall construct at the northern boundary
of the Buffer, as well as on the property line at the eastern and
western boundaries of the property. The Landscaping shall be
installed in conformity with the Landscape Plan. The owners, their
heirs or assigns, shall be responsible for the permanent
maintenance of the Landscaping. Maintenance shall include, but not
be limited to, removal of any grafitti from the Pull and care for
all Landscaping within the Buffer. The Owners further agree that,
if it becomes necessary for the City, at the City's discretion, to
maintain said Wall and Landscaping due to the Owners' failure to
do so, any reasonable maintenance costs, for an amount not to
exceed Five Thousand Dollars ($5,000.00) per year, shall be paid
by the Owners. The construction of the Wall and the installation
i
of the Landscaping shall be completed within ninety (90) days from
the final approval of the Change of Zoning Classification.
C. Vehicular Access Limitation. No vehicular access for C
f
ingress or egress shall be permitted to or from the Property, to
f
or from S.W. 22nd Terrace.
D. Performance Bond. Prior to the issuance of any building
permits on the Property, the Owners shall post a Five Thousand
($51000.00) Dollars Performance Bond (the "Bond"), in a form
i
acceptable to the City Attorney of the City of Miami, for a period
k
of five (5)..years from the date of this instrument's recordation
2
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°EF, 16� PP0� I b
in the Public Records of Dade County, which Bond shall be forfeited
to the City of Miami if any of the conditions herein contained are
breached by the Owner during said 5-year period of time.
E. Effective Date. If the City Commission of the City
of Miami approves the Owners' pending Change of Zoning
Classification, and after said approval has become final and non -
appealable, this instrument shall constitute a covenant running
with the title to the Property and be binding upon the Owners,
their successors and assigns. These restrictions shall be for the
benefit of and limitation upon all present and future owners of the
Property and for the public welfare.
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 owners of the fee simple
title to the land to be affected by such modification, amendment
or release providing that same has been approved by the City of
Miami Commission after public hearing, which public hearing shall
be applied for and at the expense of the Owners. Should this
instrument be so modified, amended or released, the Director of the
City's Planning, Building and Zoning Department or his successor,
shall execute a written instrument in recordable form effectuating
and acknowledging such modification, amendment or release.
G. Term of Covenant. This voluntary covenant on the part
of the Owners shall remain in full force and effect and shall be
binding upon the Owners, their successors and assigns for an
initial period of thirty (30) years from the date this instrument
is recorded in the public records and shall be automatically
extended for successive periods of ten (10) years thereafter unless
modified, amended or release prior to the expiration thereof.
H. Inspection and Enforcement. It is understood and agreed
that any official inspector of the City of Miami may have the right
i
at any time during normal working hours of entering and
investigating the use of the Property to determine whether the
conditions.'of this Declaration and the requirements of the City's
3
,juu .A CU i v
building and zoning regulations are being complied with. An
enforcement action may be brought by the City or by any property
owner within 375 feet of the Property and may be by action at law
or in egLity against any party or person violating or attempting
to violate any covenants of this Declaration, or provisions of the
building and zoning regulations, either to restrain violations or
to recover damages. The prevailing party in the action or suit
shall be entitled to recover costs and reasonable attorneys fees.
This enforcement provision shall be in addition to any other
remedies available under the law.
I. Severability. Invalidation of any one of these covenants
by judgment of Court shall not affect any of the other provisions
of this Declaration, which shall remain in full force and effect.
J. RecordiM. This Declaration shall be filed of record
among the Public Records of Dade County, Florida, at the cost of
the Owners.
IN WITNESS WHEREOF,
the
undersigned have
set their hands and
seals this day
of
19 /,"5 .
Witnesses:
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
Before me, the undersigned authority, personally appeared RAUL
GALINDO, who acknowledged on this day of Se, e,-"h ze— ,
19_2,::.•, that he executed the foregoing instrument for the.purpn,pes
expressed therein. �.
My Commission Expires:
NOTARY M18LAC STATF bF M OXDA
nfr CONMZIO t W.AUG.?Z.2093 r� .
DONDEO 17MU .r,--Nl ML INS. Ma ,
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OCT- T- M O N 1 0: 1 7
• • .�•. .. �� ��1�� �•- mil .\�
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mt71.> IFICAIION TO DELL &kTION OF RES'TRT.(`)!'E w, COVENANIS
Tids modification to Declaration of Restrictive Covenants by RAUL GNUND4 &nd
MAVJ-.'1.A1Nf. M. rAUNDO (the " Owners"), icy favor of tho City of Miami, Plorida, a
nuinicipility of the State of flodda (the "C ityt')
r$S.T:.
NVkJ ,REAS, the Owners held Pee -simple. title to certain property in the City of%fivni,
Plodds, lmited at 2947-49 S.W. 22nd'rcrrace, Miami, Dado County, Florida, and legally
,dwtibed as Lot 30, lets the South eleven (I 1) Feet thereof, in Block 2, of AMENDED PI -AT 01'
MIA,MI SUBUP-DAN AC R8S, acoording io the Plat therecif, as recorded in Plat hook 4, at rage
73 of the 1'ubtic Recotds of Dade County, Florida (the "Property"); and
WHEREAS, the tivrriers had previously ,,xecuted that [declaration of Restrictive
Covenants dated September 28, 1992 which was recorded in Official Records Book 15663 at
Page 0716 through Page 0719 of the Official keoords of Dade County;
WILEREAS, the G�vners are desirous of rnod4ing that Declaration of Restrictive
Covenants, and
WH E REAS9 that Dcolaration of Roslric-tive Covenants regWres that any moditcation or
amendment to said Nclarakn must be approved by the City of Miami Commission after Public
Hearing;
NOWTHEREFORE, the Owners hereto agree that said Declatation of Restrictive
Covcnuts is in full ford and effect except as modifled Herein.
Upon approval of this proposed modification by the City of Miami Commi.sion said
'Declaration and Restrictive Covenants shall be modified and amended as follows:
EXHIBIT "B"
y'� - 789 "°�
OGT- 7-'96, MON 1 0: 1 i
''lip T • • j-• � i;' � ; ' � ' i�.' ��
P . 04
Paragraph E3, ��•lgun'er g 1'l,'alt k modified to delete the requirement that
+fhvncrs oonstt tact at the western boundary of the pt uperty an eight font hith masonry wall The
subject property line at the western boundary of the propel ty borders commercial property to the
wart and no conercte block wall is required.
'17lus Modification to Declaration of'Restrictive Covenants shall be filed of record (lpon the
public records orDade County, Florida,, at the cost. of the. Owners and shall ntodif� that
Deelatation ofResttiv lye Covenants elated September 28, 1992 as sct forth herein.
IN WI't'NFSS WHEIPE01 the undersigned have set their hands and seals this..-- day of
1996,
�Vitnc�s$r�;
RAUL GALINDO ,
MA )BLAINE M. GA JNDo
STATE OF FLURIDA )
) ss:
COUNTY OF DAD E; )
The foregoing instrument was acknou edged before me this _ clay of
-. � j 1996. by RAW GAlu do and Madelaine M. Galindo, who are personally known
to rtto or who tress produced _ as idetttif7eation and who did
take art oath.
WU►'1'ARY P'tT-H .IC-S'I'A77-s QF FI.0EaIDA
My Cortunission Expires;
96- 789
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO : Honorable Mayor and Members DATE : FILE
of the City Commission GOT I r 1999
F SUBJECT .
Modification to Covenant
FROM REFERENCES:
for 2947-49 SW 22 Terr.
: �
City Manager
` ENCLOSURES:
RICCONIlVII+;NDA.TION
It is respectfully recommended that the City Commission approve the attached
Modification to Declaration of Restrictive Covenant for the property located at 2947-49
SW 22 Terrace.
BACKGROUND
The requested modification to an existing covenant is for the purpose of eliminating the
requirement that the property owner construct a concrete block wall to separate Radio
Mambi Building from an existing duplex structure (on commercially zoned property)
which is currently being used by the Latin American Cafeteria as an office and storage
facility. The Department of Community Planning and Revitalization has no objections to
the requested modification due to the fact that both properties are designated C-1
Restricted Commercial and that the applicant has only to provide such separation where
his property is abutting a residentially zoned property.
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yF�- 789
LAW OFFICES
ROBERT .SIDE$
ONE INTERNATIONAL PLACE - -
100 SOUTHEAST 2ND STREET
SUITE 3320
MIAMI, FLORIDA 33131
TELEPHONE (305) 371-6060
TELECOPIER (305) 358.5917
October 3, 1996
Via Telecouier and Mail
Ms. Teresita Fernandez
Office of Dearing Board
Dupont Plaza
300 Biscayne Boulevard Way
Suite 400
Miami, Florida 33131
Re: Raul Galindo and Madelaine G. Galindo
Latin American Cafeteria
2947 S.W. 22nd Terrace, Miami, Florida
Dear Ms. Fernandez:
i.
This letter is to amend my letter of intent dated August 14, 1996, to eliminate any request for a
allowing a wood fence separating the above referenced parcel from the property to the east.
This is to clarify and serve as my letter of intent for my request to appear before the City of Miami
Commission at the October 24, 1996 hearing for all items except delete the wood fence request. k
I appreciate you putting this item before the commission on October 24, 1996 for the purpose of
requesting a modification to this restrictive covenant.
I also enclose herewith a proposed modification to the Declaration of Restrictive Covenant. i
We appreciate your tion in this regard. i
Ve ly your
r
1
ROBERT ER
RA/mr
Enclosure(s)
i
RoBERT ADEE
ONE INTERNATIONAL GLACE
100 SOUTHEAST 21c STREET - -
SUITE 3320 - -
MIAMI, FLORIDA 33101 -
TELEPHONE (305) 371.6060
TELECOPI ER (305) 358 • 5917
August 14, 1996
Ms. Lissette Herrera
Office of Hearing Board
Dupont Plaza
300 Biscayne Boulevard Way
Suite 400
Miami, Florida 33131
Re: Raul Galindo and Madelaine G. Galindo
Latin American Cafeteria
2947 S.W. 22nd Terrace, Miami, Florida -
Dear Ms. Herrera:
This is to clarify and serve as my letter of intent for my request to appear before the City of Miami
Commission at the September 26, 1996 hearing.
We want to appear before the City Commission for the purpose of requesting a modification to a
Declaration of Restrictive Covenant filed in the Public Records of Dade County, Florida on
September 28, 1992. We seek to modify the Restrictive Covenant so as to eliminate the
requirement of building a concrete block wall to separate the Radio Mambi parking lot from the
duplex which is being used by Latin American Cafeteria as an office and storage facility. At the
time of the original Declaration of Restrictive Covenants, we did not know that Radio Mambi
parking lot is commercially zoned and that the owners of Radio Mambi parking lot did not want
the block wall erected. Therefore, we seek to modify that covenant to eliminate the necessity of
a wall separating two commercial pieces.
In addition, we seek to modify the covenant so as to allow for a wood fence between the duplex
property and the property to the east, because the owner of the property to the east has requested
1
the wood fence construction and did not want a block wall. The property owner to the east
already had a wood fence surrounding two sides of his property and he wanted the separation to
be uniform with the other two property line fences.
}
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MODIFICATION TO DECLARATION OF RESTRICTIVE COVENANTS
This modification to Declaration of Restrictive Covenants by RAUL GALINNDO and
MADELAINE M. GALINDO (the "Owners"), in favor of the City of Miami, Florida, a
municipality of the State of Florida (the "City").
WITNESSETH:
WHEREAS, the Owners hold Fee -simple title to certain property in the City of Miami,
Florida, located at 2947-49 S.W. 22nd Terrace, Miami, Dade County, Florida, and legally
described as Lot 30, less the South eleven (11) feet thereof, in Block 2, of AMENDED PLAT OF
MIAMI SUBURBAN ACRES, according to the Plat thereof, as recorded in Plat Book 4, at Page
73 of the Public Records of Dade County, Florida (the "Property"); and
WHEREAS, the Owners had previously executed that Declaration of Restrictive
Covenants dated September 28, 1992 which was recorded in Official Records Book 15663 at
Page 0716 through Page 0719 of the Official Records of Dade County;
WHEREAS, the Owners are desirous of modifying that Declaration of Restrictive
Covenants; and
WHEREAS, that Declaration of Restrictive Covenants requires that any modification or
amendment to said Declaration must be approved by the City of Miami Commission after Public
Hearing;
NOW THEREFORE, the Owners hereto agree that said Declaration of Restrictive
Covenants is in full force and effect except as modified herein.
Upon approval of this proposed modification by the City of Miami Commission said
Declaration and Restrictive Covenants shall be modified and amended as follows:
96- 789
�i
rA6
Paragraph B. Landscape Buffer and Wall is modified to delete the requirement that
Owners construct at the western boundary of the property an eight foot high masonry wall. The
subject property line at the western boundary of the property borders commercial property to the
west and no concrete block wall is required.
This Modification to Declaration of Restrictive Covenants shall be filed of record upon the
public records of Dade County, Florida, at the cost of the Owners and shall modify that
Declaration of Restrictive Covenants dated September 28, 1992 as set forth herein.
IN WITNESS WBEREOF the undersigned have set their hands and seals this day of
1996.
Witnesses:
MADELAINE M. GALINDO
STATE OF FLORIDA)
ss:
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this %ay of
1996, by Raul Galindo and Madelaine M. Galindo, who are perso,.adly known
to me or who has produced as identification and who did
take an oath.
96- 789
92R3607 17 1992 SeF' ',S 16109
OFF:1566310716
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (the "Declaration")
made this 1-d day of ��� tiL// �3992, by Raul and Luis Galindo
(the "Owners"), in favor of the City of Miami, Florida, a
municipality of the State of Florida (the "City").
i
W I T N E S S E T H
WHEREAS, the Owners hold Fee -simple title to certain property
in the City of Miami, Florida, located at 2947-49 S.W. 22nd
Terrace, Miami, Dade County, Florida, and legally described as Lot
30, less the South eleven (11) feet thereof, in Block 2, of AMENDED
PLAT OF MIAMI SUBURBAN ACRES, according to the Plat thereof, as
recorded in Plat Book 4, at Page 73 of the Public_ Records of Dade
County, Florida (the "Property"); and
WHEREAS, the Owners are presently applicants before the City
of Miami City Commission for a change of zoning classification in
the Official Zoning Atlas of the City of Miami, from Duplex
Residential to Restricted Commercial for the above -described
Property, (the "Change of Zoning Classification"); and
WHEREAS, the Owners are desirous of making a binding
commitment to assure that the Property shall be developed in
accordance with the provisions of this Declaration;
NOW THEREFORE, the owners voluntarily covenant and agree that
the Property shall be subject to the following restrictions that
are intended and shall be deemed to be covenants running with the
land binding upon the owners of the Property, and their successors
and assigns as follows:
Prepared by:
A. Vicky Leiva, Esq. i
r Ferrell, Cardenas, Fertel & Morales
1920 Miami Center
201 South Biscayne Boulevard
Miami, Florida 33131
Phone: (305) 371-8585
I� 1
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96- 789
ft
ID
n
PEE:1566. c71 l
A. The recitals and findings set forth in the preamble to
this Declaration are hereby adopted by reference thereto and
incorporated herein as if fully set forth in this Section.
B. Landscape Buffer and Wall. Prior to the issuance of
any building permits on the Property, Owners shall obtain approval
of a landscape plan (the "Landscape Plan") from the City of Miami
Planning, Building and Zoning Department which Landscape Plan shall
reflect a twenty (20) foot wide landscaped buffer (the "Buffer")
along the entire southern boundary of the Property adjacent to and
along S.W. 22nd Terrace. The Buffer shall contain landscaping (the
"Landscaping") inclined towards an eight foot high masonry wall
(the "Wall") which Owners shall construct at the northern boundary
of the Buffer, as well as on the property line at the eastern and
western boundaries of the property. The Landscaping shall be
installed in conformity with the Landscape Plan. The Owners, their
heirs or assigns, shall be responsible for the permanent
maintenance of the Landscaping. Maintenance shall include, but not
be limited to, removal of any grafitti from the Wall and care for
all Landscaping within the Buffer. The Owners further agree that,
if it becomes necessary for the City, at the City's discretion, to
maintain said Wall and Landscaping due to the Owners' failure to
do so, any reasonable maintenance costs, for an amount not to
exceed Five Thousand Dollars ($5,000.00) per year, shall be paid
by the Owners., The construction of the Wall and the installation
of the Landscaping shall be completed within ninety (90) days from
the final approval of the Change of Zoning Classification.
C. Vehicular Access Limitation. No vehicular access for
ingress or egress shall be permitted to or from the Property, to
or from S.W. 22nd Terrace.
D. Performance Bond. Prior to the issuance of any building
permits on the Property, the Owners shall post a Five Thousand
($5,000.00) Dollars Performance Bond (the "Bond"), in a form
acceptable to the City Attorney of the City of Miami, for a period
of five (5):.years from the date of this instrument's recordation
2
96— 9 89r
c
F. 5663rG i b
in' the Public Records of Dade County, which Bond shall be forfeited
to the City of Miami if any of the conditions herein contained are
breached by the Owner during said 5-year-period of time.
E. Effective Date. If the City Commission of the City
of Miami approves the Owners' pending Change of Zoning
Classification, and after said approval has become final and non -
appealable, this instrument shall constitute a covenant running
with the title to the Property and be binding upon the Owners,
their successors and assigns. These restrictions shall be for the
benefit of and limitation upon all present and future owners of the
Property and for the public welfare.
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 owners of the fee simple
title to the land to be affected by such modification, amendment
or release providing that same has been approved by the City of
Miami Commission after public hearing, which public hearing shall
be applied for and at the expense of the owners. Should this
instrument be so modified, amended or released, the Director of the
City's Planning, Building and Zoning Department or his successor,
shall execute a written instrument in recordable form effectuating
and acknowledging such modification, amendment or release.
G. Term of Covenant. This voluntary covenant on the part
of the Owners ghall remain in full force and effect and shall be
binding upon the Owners, their successors and assigns for an
initial period of thirty (30) years from the date this instrument
is recorded in the public records and shall be automatically
extended for successive periods of ten (10) years thereafter unless
modified, amended or release prior to the expiration thereof.
H. Inspection and Enforcement. It is understood and agreed
that any official inspector of the City of Miami may have the right
at any time during normal working hours of entering and
investigating the use of the Property to determine whethhr the
conditions;.`of this Declaration and the requirements of the City's
3
96— 789
566310719
PEC.
I
building and zoning regulations are being complied with. An
enforcement action may be brought by the City or by any property
owner within 375 feet of the Property and may be by action at law
or in equity against any party or person violating or attempting
to violate any covenants of this Declaration, or provisions of the
building and zoning regulations, either to restrain violations or
to recover damages. The prevailing party in the action or suit
shall be entitled to recover costs and reasonable attorneys fees.
This enforcement provision shall be in addition to any other
remedies available under the law.
I. Severability. Invalidation of any one of these covenants
by judgment of Court shall not affect any of the other provisions
of this Declaration, which shall remain in full force and effect.
i
J. Recording. This Declaration shall be filed of record
Eamong the Public Records of Dade County, Florida, at the cost of
1
the Owners.
IN WITNESS WHEREOF, the undersigned have set their hands and
seals this Sf'� day of SeAAVWb67r-
Witnesses:
rill
RAUL dALIN
i
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
Before me, the undersigned authority, personally appeared RAUL
GALINDO, who acknowledged on this 2efu day of el
19�2_, that he executed the foregoing instrument for thepurposes
expressed therein. = "..., r•;"•;
a 1g7 =4�a
u
My Commission Expires:
NOTAR MMMSMEOPPEMDA
MY COR4d1'...,f' O:�W AUQ7ZI995 ' IJ �'
i
AFFIDAVIT
j STATE OF FLORIDA }
) SS
I COUNTY OF DADE )
i
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BEFORE ME, the undersigned authority, this day personally appeared ROBERT ADDER,
who being by me first duly sworn, upon oath, deposes and says:
a
t 1. My name is ROBERT ADER, and I am the legal representative of the owners, submitting
I
j the accompanying application for a public hearing as required by Ordinance 11000 of the Code of the
i City of Miami, Florida, affecting the real property located in the City o f Miami, as described and
! listed on the pages attached to this affidavit and made a part thereof.
2. That all owners which I represent, have given their full and complete permission for me
to act in their 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, phone numbers and legal descriptions for the real property of which I am the legal
representative.
4. The facts as represented in the application and documents submitted in conjunction with
this affidavit are true and correct.
FURTHER AFFIANT SAYETH( NOT.
ROBERT ADER
The foregoing instrument was acknowledged before me this O/-t day of
R u G u s -r , 1996, by ROBERT ADER, who is personally known to me or who has
produced iufA as identification and who did take an oath.
Iwo"
TARP PUBLIC- ATE FLO
My Commission Expires:
s." MIRTA M. RODRI@UEL
AMY COMMSSION / cC 28m EXPIRES: WOW 11. 19%� BMW Thm Notary Pubk Wderndters
95- 789
Li
169
OWNER'S LIST
Owner's Name
A Tr, GALINDO
Mailing Address
c/o Robert Ader, Esq, 100 S.E. 2nd Street, Suite 3320
Miami , Florida 33131
Telephone Number
(305) 371-6060 Fax: (305) 358-5917
Legal Description:
Lot 30less the South 11 feet, in Block 2, of
AMENDED PLAT OF MIAMI SUBURBAN ACRES, according
to the Plat thereof, as recorded in Plat Book 4,
at Page 73, of the Public Records of Dade County, Florida
Owner's Name
MADELAINE M. GALINDO
Mailing Address
c/o Robert Ader, Esq. 100 S.E. 2nd Street, Suite 3320
Miami, Florida 331-31
Telephone Number
(_305) 371-6060 Fax: (305) 358-5917
Legal Description:
Lot 30 less the South 11 feet, in Block 2, of
AMENDED PLAT OF MIAMI SUBURBAN ACRES, according
to the Plat thereof, as recorded in Plat Book 4,
at Page 73, of the Public Records of Dade County, Florida
Owner's Name
Mailing Address
Telephone Number - --
Legal Description:
Any other real estate property owned individually, jointly, or severally (by corporation,
partnership or privately) within 375 feet of the subject site is listed as follows:
Street Address Legal Description
Street Address
Street Address
Legal Description
Legal Description
96- 789
[i
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
Lot 30 less the South 11 feet, in Block 2, of
AMENDED PLAT OF MIAMI SCB11RBAN ACRES, according
to the Plat thereof, as recorded in Plat Book 4,
at Page 73, of the Public Records of Dade County,
Florida.
2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami
Ordinance No. 9419 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 Comission. 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.
Raul Galindo and Madelaine M. Galindo
3. Legal description and street address of any real property (a) Owed by any party
listed in answer to quastion.i2, and (b) located within 335 feet of the subject
real property.
c Nc
OWNER R ATTORNEY FOR OWNER
ROBERT ADER
STATE OF FLORIDA } SS:
COUNTY OF DARE }
ROBERT ADER being duly sworn, deposes and says that he
is the (Please Print) (Owwr) (Attorney' for Owner) of the real property described in
answer to question $1 above, that he has read the foregoing answers and that the same
are true and complete and (if acting as attorney for outer) that he has authority to
execute the disclosure of Ownership fom on beha of th
(SEAL)
Signature of'Owner or Attorney for er
SWORN TO AND SUBSCRIBED
before me this OLct
day of 1 , 996.
tary Public, State of Ilorida a arge
MY COMMISSION EXPIRES: _
INiRTA M. RONGUEZ
EMS: October 11, 1996
''�p� �'•'' Banded Thm Notary Pubic lit
96— 789
Ii
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