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i
ptCLARkTXON OP RESTI /CTXVE COVSUNTS
This Declaration of Restrictive Covenants by ARMANDO VXCENTfi
("Owner"), in favor of the City of Miami, Florida, a municipality
of the State of Florida.
WXTNE SSETRs
WHEREAS, the Owner holds Fee - simple title to certain property
in the City of Miami, Florida (the "City "), consisting of Lots 1,
2, 17 and 18, Block 3, Shenandoah Manor Section B, as per the
plat thereof recorded in Plat Book 39, Page 81 in the Public
Records of Dade County, Florida (the "Property"); and
WHEREAS, the Owner is presently an applicant before the city
of Mial._ City Commission for a change of Zoning Clc.Jsification in
the Official Zoning Atlas of the City of Miami, from RS -2/2
(Single Family Residential) to RO -3/6 (Residential office) for
Lots 1 and 2 of the Property; and
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;
NOW, THEREFORE, the Owner voluntarily covenants and agrees
that the Property shall be subject to the following restri
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:
A. Unity of Title. The Property shall be considered as one
plot and parcel of land and no portion of the ` Property shalt h
sold, transferred, devised or assigned separately, except
entirety as one plot or parcel of land.
B. Landscape Plan. Buffer and wall. Prior to the`issuanOa
of a building permit on Lots 1 and 2 of the Property, B
r
Obtain approval of . a 'all and landscape plan fko a ` e G ty Of
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2atbony J. O'►Dofl*ill, .Tr. Wig.
i Litr F eidaom
Submitted into .e public lro r UC
2 t Flor door
r epuon wit &.axii, �.�da 33131
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Miami Planning Department which plan shall reflect five (5) feet
high masonry wall and a landscape buffer with a width of ten (10)
feet along the entire north property line of the Property along
S.W. 21st Terrace which buffer will contain heavy landscaping so
as to obscure the view of the Property by adjacent property
owners to an extent reasonably possible. The landscaping of the
Property shall be installed in conformity with said landscape
plan; and the Owner shall also be responsible for the maintenance
of the wall and landscaping on the Property.
C. yAR. Limitation. The non - residential Floor Area Ratio
(FAR) of Lots 1 and 2 of the Property as defined in City of . Miami
Zoning Ordinance 9500, as amended, shall not be utilized
development on the Property.
D. Vehicular Access Limitation.
No vehicular
for
access for
ingress or egress shall be permitted across the north property
line of the Property along S.W. 21st Terrace.
E. Effective Date. If the City Commission of the city
approves the Owner's pending application for an amendment to the
City of Miami Zoning Atlas, 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 bi
upon the Owner, his successors and assigns. These restrictions.
shall be for the benefit and limitation upon. all,present and
future. owners of the Property and for the public welfare.,
F. Amendment and Modificatiszn.. This instrument.may :.be,
modified, amended or released as to any. portion . of tha, . Propea ty.,
by a written instrument executed by the then owner:. - of . the
simple title to the land to be effected by such modification,
amendment or release- providing that same has been approved
City of. Miami Commission. Should this instrument ; be sa 5944.q5 4.,
a mended or released,_ the . Director of. the.: Planning... pepaFtmen
his successor, . ahal].. execute a written . , instrument , , • ; Ipo
form, effectuating and acknowledging such modificetion
,'its, f4e putbiic
44...C94.4,P40.4.- with
G. Tuts 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 data of this instrument its
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.
H. Presumption of Compliance. Where construction has
occurred on the Property or any portion thereof, pursuant to a
lawful permit issued by the City of Miami, and inspections made
and approval of occupancy given by the City, the same shall
create presumption that the buildings or structure= thus
constructed comply with the intent and spirit of this Declaration
of Restrictive Covenants and said Declaration shall not be
construed as a cloud on title to any of said property 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 brought by the City shall be by
action at law or in equity against any party or person violating
or attempting to violate any covenants, either to restrain
violations or to recover damages. The prevailing party in the
action or suit shall be entitle to recover costs and reasonable
attorneys fees. This enforcement provision shall be in addition
to any other remedies available under the law.
J. Peverabilitv. 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, provided, however, that such invalidation may
grounds for the City to amend the zoning and /or lad -u
regulations applicable to the Property.
Submitted . into the public
., connection with
K. Recordinq. This Declaration shall be filed of record
among the Public Records of bade County, Florida, at the cost of
the Owner.
IN MMUS MUM, the undersigned has set their hands and
seals this day of November 1989.
Witnesses:
STATE OF FLORIDA )
) SS
COUNTY OF DADE
The foregoing instrument was acknowledged before me this
day of November, 1989 by ARMANDO VICENTE.
My Commission Expires:
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Submitted into the public
record in connection with
itero.p -f on If
PZ- g natty Hizai
City Clerk
A*70 (rSOIMini)
By:.
ARMANDO VICENTE
NOTARY PUBLIC
State of Florida At Large