HomeMy WebLinkAboutR-91-0775J-91-800
10/01/91
RESOLUTION NO. 9 1 < < 5
A RESOLUTION, WITH ATTACHMENTS, APPROVING AN -
AMENDMENT TO THE ZONING COVENANT RUNNING WITH
THE LAND, DATED MARCH 30, 1989, RECORDED IN
OFFICIAL RECORDS BOOK 14253 AT PAGE 448 (THE
"ORIGINAL COVENANT", FOR THE PROPERTY
PRESENTLY OWNED BY FLORIDA DEVELOPMENT
ASSOCIATES CORPORATION (THE "OWNER"), LOCATED
AT 1918 BRICKELL AVENUE, MIAMI, FLORIDA, (THE
"PROPERTY") TO ELIMINATE THE FOLLOWING
REQUIREMENTS: "A. BUILDING HEIGHT LIMITATION:
THE HEIGHT OF BUILDINGS ON THE PROPERTY SHALL
NOT EXCEED 40 FEET EXCLUDING ANY MECHANICAL
AND EQUIPMENT PENTHOUSES, ELEVATOR PARAPETS
AND ORNAMENTAL PEDIMENTSIAND B. SETBACK: THE
SETBACK OF BUILDINGS ON THE PROPERTY SHALL BE NO LESS THAN 40 FEET FROM THE NORTHWESTERLY _
PROPERTY LINE", AND TO SUBSTITUTE THEREFOR
THE FOLLOWING REQUIREMENTS AND RESTRICTIONS:
"THE HEIGHT OF THE BUILDINGS SHALL NOT EXCEED
50 FEET AND THE SETBACK OF THE BUILDINGS
SHALL BE NO LESS THAN 20 FEET FROM THE
NORTHWESTERLY PROPERTY LINE"; SUCH APPROVAL
BEING SUBJECT TO THE EXECUTION AND
RECORDATION AT OWNER'S EXPENSE OF AN AMENDED
COVENANT RUNNING WITH THE LAND, IN _
SUBSTANTIALLY THE FORM ATTACHED HERETO AS
EXHIBIT "C".
WHEREAS, Florida Development Associates Corporation (the
"Owner") , is the fee simple owner and record titleholder of the
property located at 1918 Brickell Avenue, Miami, Florida, more
particularly described on attached Exhibit "A" (the "Property");
and
WHEREAS, the Property is subject to a zoning covenant
running with the land executed by Paul R. Sadovsky in favor of
the City, dated March 30, 1989, recorded in Official Records Book
14253 at page 448, attached to this Resolution as Exhibit "B"
(the "Original Covenant"); and
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 City Commission, following a public hearing,
finds that it is in the best interest of the general welfare of
ATTACHMENTS
C I&£� G OF N
OCT 24 1991
,j 4 775
O
the City of Miami and its inhabitants to allow an amendment to
the Original Covenant as provided below;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Seotion 1. The reoitals and findings oontained in the
Preamble to this Resolution are hereby adopted by reference
thereto and inoorporated herein as if fully set forth in this
Seotion.
Seotion 2. An amendment to the Original Covenant in
substantially the form attaohed hereto as Exhibit "C", is hereby
approved to:
(a) Eliminate the following requirements set forth in the
Original Covenant:
(i) A. Building Height Limitation. The height of
buildings on the Property shall not.exoeed 40 feet excluding any meohanioal and equipment penthouses, elevator parapets
and ornamental pediments; and
(ii) B. Setback. The setback of buildings on the
Property shall be no less than 40 feet from the
northwesterly property line.
(b) Substitute therefor the following requirements and
restrictions:
(i) A. Building height Limitation. That the height
of the buildings will not exoeed SO feet; and
(ii) B. Setback. That the setbaok of the buildings
will be no less than 20 feet from the northwesterly property
line.
Seotion 3. Exoept as modified herein, all other terms,
conditions and obligations set forth in the Original Covenant
shall remain in full foroe and effeot and shall be fully oomplied
with.
Seotion 4. This Resolution shall beoome effeotive
immediately upon its adoption.
-2-
91 775
PASSED AND ADOPTED this 24th day gr
ATTEs i
XATTY-IfRAI
CITY CLERK
PREPARED AND APPROVED BY:
Vv\
G. RIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A. Q 1N ES, III
C ATTORNEY
GMM/ra/M2822
ER L. SUAR Z, MA
•
EL 142536 452
ARCED It The Northeasterly 50 feet of the Southeasterly
Coot of lot 22 block •A' being part of the POUT LEWIS
DONATION, in Section 39 Township 56 South Range 41 East•
as poc plat recorded in Plat look •B" page 96 public
records of Dade Countye riocides said land being also
deaccibed as folloves The Northeasterly 50 lest of the
Southeostecly 160 foot of lot 22 Block 'A• of r6AC6ER as
recorded in Plat book 5 page da. Said property fronts 50
Coot on Bciekell Avenue and is 180 feet in depth. Said
property is also deaccibed as follows, to -wits
roc a place of beginning• •tact at that point on the
Northerly boundary line of Bcickell Avenue vhece the line
between lots 21 and 22 of Block •A• as shown on Plat of
pact of Polly Lewis Donation* as recorded in Plat Book •oo
page 96e intersects the Northerly boundary line of
Brickell Avenue* thence in a Southwesterly dicection along
the Northerly boundary line of Brickell Avenue a distance
of 50 foots thence in a Nocthvestecly direction parallel
to and 50 feet distance from said line between late 21 and
22e of said Block "A" atocesalde a distance of 180 feet•
thence in a Noctheantorly dicection parallel to and 180
feet distance scow said northerly boundary line of
Bcickell Avenue to the said line between lots 21 and 22
efocasaids thence in a southeasterly direction along said
line between lots 21 and 22e a distance of 180 foot to the
place of beginning: all as shown on a plat of part of the
Polly Levis Donation, as cacocded in Plat Book •B• page 96
public records of Dade County, rlocidat AND
PARCEL Its The Most 50 feet of the South 190 feet of lot
22 SlocR__rA" of P6ActER• a subdivision in Miami's Florida,
according to the Plat thereof recorded in Plat Book 5 page
dd of the Public Records of Dade County• rlocidas the said
tract of land being more particularly described as
follovas
roc a place of beginning, start at that point on the North
boundary line of Bcickell Avenue where the line between
lots 22 and 23 of Block •A' as shorn on plat of port of
Polly Levis Donation as cacocded in Plat Book 'a• page 96
public records of Dade County• rloeidae intersects the
North boundary line of Bcickeli Avenue# thence is a
Northeasterly direction along the North boundary line of
oriekell Avenue a distance of 50 feett thence in a
Nocthweatecly direction parallel to and 50 feet distant
from said line between lots 22 and 23 of Block "A'
ofocesaide a distance of 180 fasts thence in e
southwesterly direction parallel to and 160 feet distant
team said North boundary line of ecickeli Avenue to the
said line between lots 22 and 23 of Block •A"e sfocessids
thence in a southeasterly direction alonq said line
between lour 22 and 23 a distance of 100 feet to the place
of beginnings all as shown on a plat of past of the Polly
Levis Donation as cacocded in Plat Book 090 page 96 public
Recocdo of Dade County, Plocidae
wool so
owl woo*
� l Caw1
IBIT $A'
. MEt.
1425%0 448
DECLA"TIOM OF RESTRICTIVE_COTBAM
This Declaration of Restrictive Covenants is given by
Paul R. Sadovsky (•Owner"), in favor of the City of Miami (•the
City*), a municipality within the State of Plorids.
KITIf- ES9 ETH!
MHrREAS, The owner holds too -simple title to certain
property in the City, legally described as set for*h in Exhibit
"A• hereto, and located at 1918 Brick%Al Avenue, Miami, Dade
County, Florida (•the Property");
WHEREAS, the Owner is presently an applicant before the
City of Miami Zoning Board and the City of Miami Connnission,
seeking a change of sector classification in the Official Zoning
Atlas ..f the City of Miami, from RG-2.1/3.3 (General Residential
to RG-2.1/5 (General Residential):
WHEREAS, the Owner is desirous of making a binding
commitment to assure that the Property shall be developed in
accordance with the provisions of this Declaration:
WW, THEREFORE, the Owner voluntarily covenants and
agrees 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 Owner of the -
Property, and his successors and assigns as follows:
A. Euildina Height Limitation. The height of
k'
buildings on the Property shall not exceed 40 feet excluding any
mechanical and equipment penthouses, elevator parapets and
ornamental pediments.
a. 52thazh• The setback of buildings on the Property
shall be no less than 40 feet from the northwesterly property
line.
C. Plan. Prior to th- issuance of a
This instrument prepared by:
Michael E.Radell
Steel Hector i Davis
5000 southeast financial Center
Miewi, Florida 33131-2399
,252-3155
IH1T �� �o
i
a
E
��.142530N 449
building permit on the Property, Owner shall obtain approval of
his landscape plan from the City of Miami Planning Department,
which plan shall reflect a landscape buffer with a width of ten
(10) feet along the northwestern boundary of the Property. The
landscaping of the property shall be installed in conformity
with said landscape plan; and the Owner shall also be
responsible for the permanent maintencn_e of the landscaping on -
the Property.
D. ELLectiy Date. it the City Commission of the
City approves the Owners pending application for an amendment
to the City of Miami toning Atlas to RC-2.1/5 (General
Residential), and after said approval has become final and
non -appealable, this instrument shall constitute a covenant
cunning with the title to the Property and be binding upon the
owner, his successors and assigns. These restrictions shall be
for the benefit of the limitation upon all present and future
owners of the Property and for the public welftre. `
E. Amendment end n2filficattaft. 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 ieo-simple title to the land to be affected by such
modification, amendment or release providinv that same has been
approved by the City of Miami Commission. Should this
instrument be so modified, amended or release, the Director of
the City•s Planning Department or his successor, shall execute a
written instrument in recordable form effectuating and
acknowledging such modification, amendment or release.
F, Ilan of CaXenank. This voluntary covenant on the
part of the Owner shall remain in full force and effect and
shall be binding upon the owner, his successors and assigns for
an initial period of thirty (30) years from the date this
ifletrument is recorded in the public records, and shall be
sut0104000l ly extended for successive periods of ten (10) years
thdtesftsr, unless modified, amended or released prior to the
4spiE4t$0f1 thereof,
-7 75
i
r�
E
1425431450
0. WAR Ckinn and ZetnrcMMW t. It is understood and
agreed that an official inspector of the City of Miami nay have
the privilege at any time during normal working hours, to
determine whether the conditions of this Declaration and the
Zoning Ordinance 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 shall be by action at law and/or in
equity against any party or person viol%ting or attempting to
violate any of these covenants. 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.
H. SeverabilitZ, invalidation of any one of these
covenants by judgment of Court shall not affect any of the other
provisions of the Declaration. 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
regulations applicable to the Property.
I. Reeatfling. This Declaration shall be filed'bf
record among the Public Records of Dade County, Florida by the
Owner, at the cost of the Owner, and the original delivered to
the City• Zoning Official or Administrator, Building and Zoning
Department, 275 N.N. 2nd Street, Miami, within 90 days after
final approval by the City Commission of the City of Miami as
set forth above.
•3-
91—
.�•w .. e. 1� f• 01% H fr.l_. 11 /Yl...,......
14253M 451
IN WITNESS WHEREOP, the undersigned hive set their hands and
s,esls thio-a:)day of //�Ar1C'N . 1989.
r
witnessed PAUL Ry ALKY
do
r..r
aTAa rt�oRxoA � ' '
Ss
COUNTY Or. �.
�� 'iii�iJY� .•
The foregoing instrument was acknowledged before ae this '
day of 1 � �C �•... , 1989 by Paul R. Sadovsky.
_ _
` AR PUBLIC
at�- of rlocids at Large
My Commission Expires
�.►�w,.�waw M
r► Cw■ E"w OOL sI
P I
This Mcdifi
this . day of
CORP.. a Florida
of Miami, Flora
Florida.
WHEREAS, the
in the City of
described as set
Brickell Avenue,
"Property")s and
2 1
P . 1 0
tion of Declaration of Restrictive Covenants %ads
, 1901 * by FLORIDA DEVELOPM$NT ASSOCIATES,
Drporation (the "owner") , is in favor of the City
, a municipality located within the State of
a12HRIARINS
owner holds fee -simple title to certain property
[iami, state of Florida (the "City"), legally
`orth in Exhibit "All hereto, and located at 1918
Miami, Florida, Dade County, Florida (the
WHEREAS, th prior Owner executed on March 30, 1989 a
Declaration of Re trictive Covenants in favor of the City of Miami,
Florida, recorded in official Records Book 14253, at Page 448 of
the Public Record of Dade County, Florida; and
WHEREAS, the' owner is desirous of modifying the Restrictive
Covenants noted 40ve;
NOW, THEREFO E, the owner voluntarily covenants and agrees
that the Proper y shall be subject in addition and/or in
modification the•eoP to the restrictions noted in that certain
Declaration of Reg trictive covenants in favor of the city of Miami,
Florida, recorded in Official Records Book 14253, at Page 448 of
the Public Recordg of Dade County, Florida, the Owner agrees to the
following restrictions that are intended and shall beydeemed to be
covenants running with the land and binding upon the Owner of the.
Property, and its successors and assigns as follows:
A. U219ht Linitation. The height of building
on the property shall not exceed fifty (50) feet
excluding any mechanical and equipment penthouses,
elevator parapets and ornamental pediments.
S. The setbacks of buildings.on the Property
sh 11 be no less than twenty (20) feet from the
no thwesteriy property line.
C. Regordin . This Modification of Declaration shall
be filed of record among the Public Records of Dade
Ca nty, Florida, by the owner, at the cost of the
Prepared Ays
Adrienne L. rriesner, Esq.
Greenberg, Traurig, Roffman,
ipoff, Rosen 5 Quente11 p.A.
1221 eriokell Avnue, Xlexi
tlorida (303) 579-0500
91—
P . 1 1
En
and the original delivered to the Zoning
inistrator of the Planning, Building and Zoning
artmentl 275 H.W. end street, Miami, within
sty (90) days after final approval by the City
Dais®ion of the City of Miami..
E�aept as modified herein, all other terms, condi-
t�ions and obligations set forth in that certain
Dpclaration of Restrictive Covenants in favor of the
C1ty of Miami. Florida recorded in offivial Record&
D ok 14253, at Page 448 of the Public Records of
D de County, Florida, shall remain in full force and
a fact and shall be fully complied with.
C. yerabl,1Lty. invalidation of any one of these
a venants by judgment of Court shall not affect any
o the other provisionof this Modification of
jD claration, which shall remain in full force and
e foot
IN WITNESS EREOF, the undersigned have set their hands and
seals this d y of , 1991.
WITNESSESI
WITNESSESI
FLORIDA DEVELOPMENT ASSOCIA`!'ES
CORP., a Florida corporation
By: Nasser E r s , President
Sys , Seoretary
CITY OF MIAMI, a municipality
within the State of Florida
Sys
Director of Planning t Building
and Zoning Department
APPROVED AS TO FOM AND CORRECTNESS:
A. Quinn
Acting City At
9,
, City of Miami
F�
F ,
x
STATE OF FLOORID
8Ss
COUNTY OF DADE
P . 12
Before Yne, the undersigned nutthority, personally appeared
Nasser Edrisi, and as President and
Secretary, reap ctively of F'lor a Devalopment Associates Corp.,
a Florida Corpor tion, to me well known to be the persons described
in and who executed the foregoing instrument and who acknowledge
to and before me that they oxacuted said instrument under oath, and
for the purposel therein expressed.
SWORN TO
19919
My Commission
STATE OF FLORIDAI
COUNTY OF DADE
D SUBSCRIBED before me this mom day of ,
Aires:
3
j Sat
NOTARY PUBLIC
STATE OF rLORiDA AT LAROX
Before me, the undersigned authority, personally appeared
Sergio Rodriguez Direotor of the Planning, Building and Zoning
Department, to Me well known to be the person described in and who
executed the fore ijoing instrument and who acknowledge to and before
me that he executed said instrument under oath, and for the
purposes therein expressed.
1991. SWORN TO AN SUBSCRIBED before me this _ day of ,
NOTARY PUBLIC
STATE Or FWRIDA AT IARQE
My Commission EX p rest
NlM1.144f 11..:•i.pY f
3
f
F7
(IL 14253N 452
A The Nottheastarly b0 Cott of the sootheseteri
Of lot 22 Block "A" being pact of the POLLY LCHIS
bo"Att " in section 39 TownshipSI Mouth Ran a dl East#
as pe plat recorded in Plat $oa% 00" pa* to public
rotor of code County# rlerldet said land being also
deaerl ed as tollevoo the noreheastoely $0 'sett of the
South* steciy 160 test of lot 72 block 'A" of VLAQIVZR as
rttor d in Plat book ! page ale. aald property trouts So
feet ¢n srlekell Avenu• and Is 100 test In depth* said
proper y to oleo described as tollows# to -Vitt
Poe a place of boginningt start at that point on the
Northe ly boundary line of beitktll Avenae whet* the line
betwee lots 21 and 22 of block 'A' as shown On Plat at
pact o Polly Levis Donation, as reeordtd in Plat book "B'
page d, intersects the Worthorly boundary line at
Drlcko 1 Avenue, thence In a aouthwestarly direction Along
the No therly boundary Lin* of Brickell Avenue a distance
of SO feats thence in a Northwesterly direction parallel
to and SO feet distance from said line between lots 21 and
22s oO said block "A' atocoeatdt *distance of 190 toot#
thence in a Nocthtestecly direction parallel to and 160
Cottdistant* Icon sold northerly boundary line of
Bricks 1 Avenue to the said line between lots 21 and 22
afore• tdt thence In a southeasterly direction along said
line b tveon lots 21 and 22, a distance of 180 Cott to the
place C beglnningt ell as shown on a plat of pact of the
Poll *via Donation# so recorded In Plat Book '3' page 96
public cotocds of Dade County, rlorldat AND
PAMCCL tit the West 30 test of the south 100 toot of lot
A' of rLAOLERt a subdivision in Mianls rlocldot
accord ng to the Plat thectof recorded in Plat book S page
40 of he Public Records of Dade County# tlocldar the said
tcaat of land being mace particularly described as
follow t
For a
bounda i
lots 2
Polly
public
North
Nocthel
Brickt.
Northvi
from I
atoroai
aouthw
icon a
sold 1
thence
of beg
Levis
cococdo
,late of beginninqt start at that point on the North
•y line of Bcickell Avenue where the line between
1 and 23 of Block "A" as shown on plat of pact of
.*via Donation as recorded in Plat book `0' page 96
ceeocds of Dads Count# Flocidat intersects the
boundary line of dtIclell Atenuel thence In a
kstarly direction along the North poandary lint Of
A Avenue a distance of 50 Coati th*nea in a
Patecly direction parallel to and so toot distant
Bald line between lots 22 and 23 of Block "A"
kids a distance of 180 toot# *thence In a
�otacly direction parallel to and 100 lent distant
id North boundary line of BrieRail Avenue to the
ne between lots 22 and 23 of block "A'# atotessidt
In a southeasterly direction along bald line
lots 22 and 23 a distance of 160 gong
to the place
nnin t all as shown on a plat of part of the Polly
onstfon as ceeocded In Plat book "a• page 96 Public
of Dade County# riocida.
n *9111 a ^eWM a1� go
AP4%
g, wpm + van"
ill t�DZ.Fg11 kt„wl
Fd�, . 1 3
RXIIIRTT "A"
'" 775
..ty`
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F?ECL l��f1 p
l.tr ) 579-6700
A. QUINN )ONES, III ;r ;��� _4 r •+ie�ccrc (30S) S79-3399
City Attorney w+• 11 }_
O �.a
Y
�1
November 1, 1991
Lucia A. Dougherty, Esq.
Greenberg, Traurig, Hoffman, Lipoff,
Rosen & Quentel, P.A.
1221 Brickell Avenue
Miami, Florida 33131
Re: 1918 Brickell Avenue, Miami, Florida
Amended Covenant
City Co Meeting of Ober 24, 1991
Item No Z-S
Our File A-91-729
Dear Lucia:
As you know, on October 24, 1991 the City Commission
approved your requested amendment to the Declaration of
Covenants. It is our policy that this executed covenant must be
delivered to this office in recordable form immediately. If this
request is not complied with, I will have no recourse other than
to recommend that the matter be placed on the City Commission
agenda for recision of Resolution No. 91-775.
If you have any questions, please do not hesitate to contact
me.
Si cerely,
l
. RMiriam Maer
Chief Assistant City Attorney
GMM:ra:P1198
co: A. Quinn Jones, III, City Attorney
/katty Hirai, City Clerk
Guillermo Olmedillo, Deputy Director
Planning, Building & Zoning Department
Gloria Fox, Chief
Division of Hearing Boards
OFFICE OF THE CITY ATTORNEY/1100 Amerifirst Building/One Southeast Third Avenue/Miami, Florida 33131
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GREENeERG, TRAURIG, HOFFMAN, LIPOFF, RosEN St OUENTEL. P.A.
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rCIRT LAUDERDALE. rLOP10A 33394
1305) 765.0500
TELECOPT 1305) 765.1477
HAND DELIVERY
Ms. Gloria Fox
Hearing Boards
City of Miami
275 N.W. 2nd Street
Miami, Florida 33131
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WEST PALM 6EACM OFrICE
1601 FORUM PLACE
WEST PALM 6EACM, rL0410A 33401
(407) 663 '6611
TELECOPT (a07) 683.8447
September 19, 1991
Re: Amendment to Covenant for Property located
at 1918 Brickell Avenue Miami. Florida
Dear Gloria:
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PLEASE REPLY TO'
MIAMI OrrICE
WRITER S DIRECT NO
(305) 579-0683
Pursuant to our telephone conversation of August 19, 1991, on
behalf of Florida Development Associates Corp., the owner of the
property, we are submitting the following items in order to be
placed on the City Commission agenda to obtain an amendment to the
enclosed Covenant:
(1) ownership list of property owners within 375 feet of the
subject property;
(2) Three checks totalling $4,787.00 ($1,400 for the
application fee and $3,387.00 for the mailing fee for
mailings to property owners within 375 feet);
(3) A copy of the original Covenant; and
(4) A draft of the Modification of Declaration of Restrictive
Covenants.
91- 775
Ms. Gloria Fox
September 19, 1991
Page 2
In 1989 the above referenced property was rezoned from RG-
2.1/3.3 (General Residential) to RG/-2.1/5 (General Residential).
Pursuant to Ordinance No. 11000 the zoning category is R-3 (Multi -
Family Medium Density Residential). The approval of the change in
zoning was accompanied by a Covenant proffered by the owner. The
Covenant provided restrictions on height, setback and a landscaping
plan.
The purpose of this letter is to request an amendment to the
Covenant to permit the following:
1. The height of the buildings will not exceed 50 feet.
2. The setback of the buildings will be no less then 20 feet
from the northwesterly property line.
The property owner is seeking the amendment so the subject
property can be sold with the adjacent lot at 1900 Brickell Avenue.
In order to sell both lots as a single parcel, it is necessary to
amend the height and setback requirements, so that they are
consistent with the adjacent lot. It will be beneficial to the
neighborhood to sell the property as one parcel, since it will
provide better planning in the neighborhood by having less curbcuts
and more desirable aesthetics. The amendment to the Covenant would
be consistent with the zoning regulations of the R-3 zoning
category. It is our understanding that at the time the restric-
tions were originally proffered with the Covenant, they were
consistent with the City's Zoning Ordinance and the restrictions
which were on other properties in the area however, this is no
longer the case .
Thank you for your cooperation.
Very truly yours,
Adrienne L. Friesner
ALF:bg
Enclosure
cc: Mr. Nasser Edrisi
Mr. Guillermo E. Olmedillo
Lucia A. Dougherty, Esq.
M/MNI1W\I�.HI..�Il1
GREENBERG. TRAURIG. HOFFMAN. LIPOFF, ROSEN BI OUENTEL, P. A.
i y1-- 775
►. 4253 4b
r"~ Qj<CL&MION Or ALWAf
This Declaration of 11SittiCtiee Covenants is given by
Paul R. gadovsky Mwnet•), in favor of the City of Miami (•the
City•), a municipality within the State of Plorida.
M f T IIESS2TH!
WHEREAS, The Owner holds fee -simple title to certain
property in the City, legally described as set fot'h in Exhibit
•A• hereto, and located at 1918 Bricku&l Avenue, Miami, Dade
County, !lurid& (*the Property'):
WHEREAS. the Owner is presently an applicant before the
City of Miami toning Board and the City of Miami Commission,
seeking a change of sector classification in the Official toning
Atlas ..f the City of Miami, from RG-2.1/3.3 (General Residential
to RG-2.1/5 (General Residential):
WHEREAS, the Owner is desirous of making a binding
commitment to assure that the Property shall be developed in
accordance with thA provisions of this Declaration:
!IOW, THEREFORE, the Owner voluntarily covenants and
agrees 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 Owner of the
Property, and his successors and assigns as follows:
A. Building Height Limitation. The height of
buildings on the Property shall not exceed 40 feet excluding any
mechanical and equipment penthouses, elevator parapets and
ornamental pediments.
S. S2th"A. The setback of buildings on the Property
shall be no less than 40 feet from the northwesterly property
line.
C. LandarjW Plan. Prior to th- issuance of a
This instrument prepared by:
Michael E.Radell
Steel Hector i Davis
4000 Southeast Financial Center
Miami. Florida 33131-2398
(305) 252-3155
91- 775
3
rr. ' 4253i 449
buildon the PrOetty, *~ Ih611 obtain approval of
i
his landoespe plan from the City of Miami Planning Department,
1 which pia" shall reflect a lAndecope butter with a width of ten
1
(10) feet along the northwestern boundary of the Property. The
landscaping of the property shell be installed in conformity
with said landscape plan: and the owner shall ateo be
responsible for the permanent msintenc-:e of the landscaping on
the Property.
o. Ejjective Date. it the City Commission of the
City approves the Owner's pending application for on amendment
to the City of Miami Zoning Atlas to RC-2.1/5 (General
Residential), and after said approval has become final and
non -appealable, !his instrument shall constitute a covenant
running with the title to the Property and be binding upon the
owner, his successors and assigns. These restrictions shall be
for the benefit of the limitation upon all present and future
owners of the Property and [or the public wel Hre.
9. Amnd=nt and Mo lfiestioA. 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 tee -simple title to the lane to be affected by such
modification, amendment or release providina that some has been
approved by the City of Miami Commission. Should this
instrument be so modified, amended or release, the Director of
the City's Planning Department or his successor, shall execute a
written instrument in recordable form effectuating and
acknowledging such modification. amendment or release.
E. Term of Covenant. This voluntary covenant on the
part of the Owner shall remain in full force and effect and
shall be binding upon the Owner, his 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 released prior to the
expiration thereof.
-2-
1
91,-
7 7- 5
4L5 4W
r"Inonllztlon and In[ ". It wdetstood and
agreed that an official inspector of the City ai Miami spa? have
the privilege at any time during normal working hours, to
determine whether the conditions of this Declaration and the
Zoning Ordinance are being complied with. An enforcement action
may be brought by the City or by any property owner within 37S
feet of the Property and shall be by action at law and/or in
equity against any party or person viol%tinq or attempting to
violate any of these covenants. 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.
M. Severahility. Invalidation of any one of these
covenants by judgment of Court shall not affect any of the other
provisions of the Declaration, which shall remain in full force
and effect, provided, however, that such invalidation may be
grounds for the City to amtnd the zoning and/or land -use
regulations applicable to the Property.
I. ResIIadlne. This Declaration shell be filed of
record among the Public Records of Dade County, Florida by the
Owner, at the cost of the Owner, and the original delivered to
the City' Zoning Official or Administrator, Building and Zoning
Department, 275 M.N. 2nd Street, Miami, within 90 days after
final approval by the City Commission of the City of Miami as
not forth above.
-3-
9 4 -- 775
5
14ZS3M 451
IN Ij ,SS VH91tECRt the undeteigned have# their hied* and
$eels thieve day of w4elCN , ism
Mltfleaaeet PAUL Rv ADO KY
1 art
oanai yr ■wR►uw i
a ss '��Ili1pN��
COUNTY Or-IL'.—tt .i,,iL. •,r•:',
The fore9oin9 ineteuaent vas eeknovled9ed before N thie
day of 1"• [ 1999 by Paul R. Sadovaky.
NOTARY PUBLIC C
�gEat�of rldvide at Large
My Co�sieelon c:pireat
wNN w 1; 11 - O
4 lifir CL I425- 452 1
PARCEL It The Northeasterly SO feet of the Southeasterly
100 foot of lot 22 Block `A• being part of the POLLY Lewis
DONATION, in Section 39 Township 54 South Range 41 East,
as per plat recorded in Plat Boot "B" page 96 public
records of Dade County► Ploridat said land being also
described as follows: The Northeasterly SO !set of the
Southeasterly 180 feet of lot 22 Block "A" of FLACLER as
recorded in Plat Book S page 44. Said property front@ SO
feet on Brickell Avenue and is 180 feet in depth. Said
property is also described as follows, to-wltt
Foe a place of beginning, start at that point on the
Northerly boundary line of Beiekell Avenue where the line
betveen lots 21 and 22 of Block "A" as shown on Plat of
part of Polly Levis Donations as recorded in Plat Book "Be
page 96, intersects the Northerly boundary line of
Brickell Avenue, thence in a Southwesterly direction along
the Northerly boundary line of Brickell Avenue a distance
of SO feott thence in a Northwesterly direction parallel
to .nd SO fast distance from said line between lots 21 and
22, of said Block "A" eforesald, a distance of 180 foots
thence in a Northeasterly direction parallel to and 180
feet distance from said northerly boundary line of
Brickell Avenue to the said line between lots 21 and 22
aforesaids thence in a southeasterly dleection along said
line between lots 21 and 22, a distance of 180 feet to the
place of beginnings all as shown on a plat of part of the
Polly Levis Donation, as recorded in Plat Book "B" page 96
public records of Dade County, rlocidas AND
PARCEL IIt The Nest SO feat of the South 180 test of lot
22 Block 'Who of FLACLER, a subdivision in Niami, Florida,
according to the Plat thereof recorded In Plat Book S page
44 of the Public Recocds of Dade County, Florida, the said
tract of land being more particularly described as
followst
roc a place of beginning, start at that point on the North
boundary line of Brickell Avenue where the line between
lots 22 and 23 of Block •A" as shown on plat of pact of
Polly Levis Donation as recorded in Plat Book "B" page 96
public cecords of Dade County, rlocida, Intersects the
North boundary line of Brickell Avenues thence in a
Northeasterly direction along the North boundary line of
Brickell Avenue a distance of SO foots thence in a
Northwesterly direction parallel to and SO feet distant
from said line between lots 22 and 23 of Block "A"
aforesaid, a distance of 180 foots thence in a
southwesterly dleection parallel to and 180 feet distant
from said North boundary line of Brickell Avenue to the
said line between lots 22 and 23 of Block "A", afocessids
thence in a southeasterly direction olong said line
between lots 22 and 23 a distance of 180 feet to the place
of beginnings all as shown on a plat of part of the Polly
Levis Donation as recorded in Plat Book "e" page 96 public
records of Dade County, Florida.
,MPG VU11 go
1tiCIUIRD t. BRDR�
C• 09 �'ui case
F.X111MIT "A"
This Modification of Declaration of Restrictive Covenants made
this day of , 1991, by FLORIDA DEVELOPMENT ASSOCIATES,
CORP., a Florida Corporation (the "owner"), is in favor of the City
of Miami, Florida, a municipality located within the State of
Florida.
IzIXit0AAXA:
WHEREAS, the Owner holds fee -simple title to certain Property
in the City of Miami, State of Florida (the "City"), legally
described as set forth in Exhibit "A" hereto, and located at 1918
Brickell Avenue, Miami, Florida, Dade County, Florida (the
"Property"); and
WHEREAS, the prior Owner executed on March 30, 1989 a
Declaration of Restrictive Covenants in favor of the City of Miami,
Florida, recorded in Official Records Book 14253, at Page 448 of
the Public Records of Dade County, Florida; and
WHEREAS, the Owner is desirous of modifying the Restrictive
Covenants noted above;
NOW, THEREFORE, the Owner voluntarily covenants and agrees
that the Property shall be subject in addition and/or in
modification thereof to the restrictions noted in that certain
Declaration of Restrictive Covenants in favor of the City of Miami,
Florida, recorded in Official Records Book 14253, at Page 448 of
the Public Records of Dade County, Florida, the Owner agrees to the
following restrictions that are intended and shall be deemed to be
covenants running with the land and binding upon the Owner of the
Property, and its successors and assigns as follows:
A. Building Height Limitation. The height of building
on the property shall not exceed fifty (50) feet
excluding any mechanical and equipment penthouses,
elevator parapets and ornamental pediments.
B. Setback. The setbacks of buildings on the Property
shall be no less than twenty (20) feet from the
northwesterly property line.
C. Recordina. This Modification of Declaration shall
be filed of record among the Public Records of Dade
County,*Florida, by the Owner, at the cost of the
Prepared By:
Adrienne L. Friesner, Esq.
Greenberg, Traurig, Hoffman,
Lipoff, Rosen i Quentel, P.A.
1221 Brickell Avenue, Miami,
Florida (305) S79-0500
y-1- 775
owner, and the original delivered to the Zoning
Administrator of the Planning, Building and Zoning
Department; 275 N.W. 2nd Street, Miami, within
ninety (90) days after final approval by the City
Commission of the City of Miami.
• • _ • 1 .=-
Except as modified herein, all other terms, condi-
tions and obligations set forth in that certain
Declaration of Restrictive Covenants in favor of the
City of Miami, Florida recorded in Official Records
Book 14253, at Page 448 of the Public Records of
Dade County, Florida, shall remain in full force and
effect and shall be fully complied with.
E. g2verability. Invalidation of any one of these
covenants by judgment of Court shall not affect any
of the other provisions of this Modification of
Declaration, which shall remain in full force and
effect.
IN WITNESS WHEREOF, the undersigned have set their hands and
seals this day of , 1991.
WITNESSES:
WITNESSES:
FLORIDA DEVELOPMENT ASSOCIATES
CORP., a Florida corporation
By: Nasser Edrisi, President
By: , Secretary
CITY OF MIAMI, a municipality
within the State of Florida
By.
Director of Planning, Building
and Zoning Department
APPROVED AS TO FORM AND CORRECTNESS:
A. Quinn Jones, III
Acting City Attorney, City of Miami
2
9
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
Before me, the undersigned authority, personally appeared
Nasser Edrisi, and as President and
Secretary, respectively of Florida Development Associates Corp.,
a Florida Corporation, to me well known to be the persons described
in and who executed the foregoing instrument and who acknowledge
to and before me that they executed said instrument under oath, and
for the purposes therein expressed.
SWORN TO AND SUBSCRIBED before me this _ day of ,
1991.
NOTARY PUBLIC
STATE OF FLORIDA AT LARGE
My Commission Expires:
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
Before me, the undersigned authority, personally appeared
Sergio Rodriguez, Director of the Planning, Building and Zoning
Department, to me well known to be the person described in and who
executed the foregoing instrument and who acknowledge to and before
me that he executed said instrument under oath, and for the
purposes therein expressed.
SWORN TO AND SUBSCRIBED before me this _ day of ,
1991.
NOTARY PUBLIC
STATE OF FLORIDA AT LARGE
My Commission Expires:
3
y1-- 775
�� 1425� 452 e
PARCEL I! The Northeasteely 50 feet of the Southeasterly
100 vet of lot 22 block eA• being part at the POLLY LEMiS
DONATION. in Section 39 Township 54 South Range 41 taste
as per plat recorded In Plat Book 090 page 96 public
records of Dade County# Flocidst said land being also
described as followa$ The Northeasterly 50 :vet of the
Southeasterly 190 feet of lot 22 Black W of FLACLLR as
recorded In Plat Book 5 page 44. Said property fronts SO
feet on Brickell Avenue and is 180 feet in depth. Said
property le also described as follows• towitt
For a place of beginning# start at that point on the
Northerly boundary line of Brickell Avenue what• the line
between lots 21 and 22 of Block 'A• as shown on Plat of
pact of Polly Lewis Donationt as recorded in Plat book 090
page 96P intersects the Northerly boundary line of
Brickell Avenue# thence in a Southvesteelr direction along
the Northerly boundary line of Brickoll Avenue a distance
of 50 foots thence in a Northwesterly dicection parallel
to and 50 feet distance from sold line between lots 21 and
22e of said Block •A' aforesaid# a distance of 160 toots
thence in a Northeasterly direction parallel to and 180
feet distance from said northerly boundary line of
Brickell Avenue to the said line between lots 21 and 22
afocesaids thence in a southeasterly dicection along said
line between lots 21 and 22e a distance of 160 feet to the
place of beginningt all as shown on a plat of part of the
Polly Levis Donation# as recorded in Plat Book 890 page 96
public records of Dads County, Flocldas AND
PARCEL Its The Neat 50 fast of the South 180 feet of lot
mock WA' of PLACLERP a subdivision in Miami, Florida#
according to the Plat thereof recorded in Plat Book 5 page
44 of the Public Records of Dade County# Placid&# the said
tcaet of land being more particularly deacribed as
follows$
Foe a place of beginning# start at that point on the North
boundary line of Brickell Avenue whore the line between
lots 22 and 23 of Block •A• as shown on plat of pact of
Polly Lewis Donation as recorded in Plat Book 'B• page 96
public records of Dade County, Florida. intersects the
North boundary line of Brickell Avenues thence in a
Northeastsrly direction along the North boundary line of
Brickell Avenue a distance of 50 feet$ thence in a
Northwesterly dicection parallel to and %0 feet distant
from said line between lots 22 and 23 of Block who
ofocosaide a distance of 180 foots thence in a
southwesterly dicection parallel to and 180 feet distant
from said North boundary line of Brickell Avenue to the
said line between lotr 22 and 23 of Block •A"e aforesaidt
thence In a southeasterly dicection along said line
between lots 22 and 23 a distance of 180 feet to the place
of beginnings all as shown on a plat of pact of the Polly
Lewis Donation as recorded in Flat Book 090 page 96 public
recorda of Dade County, Florida.
_ Mum of
ynar
do
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c,.►M Nti"', cs t
rXIMITT •Ae 1 j
94 775