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HomeMy WebLinkAboutM-89-0301J- - 250 3/7 9 RESOLUTION NO. A RESOLUTION APPROVING A RELEASE OF Two: ECLARATION OF RESTRICTIVE COVENANTS RUNNING TH THE LAND DATED MAY 23, 1984, ANON R ORDED IN OFFICIAL RECORDS BOOR 12187, PA 2833, PUBLIC RECORDS OF BADE COUNTY, FLO DA, POR THE PROPERTY OWNED BY UNIVISION STAY N GROUPP INC. NORTHWEST AND O25 ED AT AVENUE APPRO MATELY 740-742 (MORE ARTICULARLY DESCRIBED HEREIN) TO PERMIT T E USE OF THE PROPERTY FOR A 100-UNIT RENTAL AP RTMENT FOR ELDERLY" PERSONS OVER 60 YEARS OF E (A COMMUNITY -BASED RESIDENTIAL - FACILITY), UBJECT TO RECEIPT BY CITY OF A RECORDABLE SUBSTITUTE DECLARATION OF RESTRICTIONS A FORM ACCEPTABLE TO THE CITY ATTORNEY. t'. WHEREAS, on May 24, 1 4, the City Commission adopted Ordinance No. 9838, rezoning the operty located at approximately 740-742 Northwest 25th Avenue, Mia r Florida, more particularly described as Lots 1 and 6, Block 6, IVERSIDE FARMS SUPPLEMENTAL j '{ (2-88) and the N 5' of TRACT "A", CHANNE 23 SUBDIVISION (121-82), i formerly':the N 5' of Lots 2 and 5,-Block RIVERSIDE FARMS'SUPP (2-88)::of-the Public Records of Dade County, Florida (hereinafter i the "Property" ), from RG-1/3 . General _ Res i entiall` to,, CR-2/7 Commercial. -Residential (Community) and accep d a voluntary Declaration of Restrictions (hereinafter "Covenant" dated May,23'. 1984 and recorded in Official Records Book-12187, ..Page°;2833 l of which, is Public Records of Dade County, Florida (a copy attached hereto as Exhibit "A"), which, among other assura ces and a; requirements, provides that the use of the Property sh 1 tie limited to.uses` accessory to television stations, studios and offices, including,fan antenna:tower*o and-. , s j WHEREAS'.the : Covenant Fprovides -`that it` .may be`' ze1easeij d.5_ >t �t modified or amended -:by written,.Instrument., approved at { a Qub1�#atizy ; t hearigg {before- the City ,Commjs'sion,-, and t, . v °'t 1 w^F r rJ a fz 4 ROY . Univision Station Groups Inc. (hereinafter "Owner") 60fts Lots i and 6 of Block 6 of the SUPPLEMENTAL PLAT OF RIVERSIDE FARMS, as recorded in Plat book 2# at Page 88# of the Public Florida, and TRACT *A"p CHANNEL, 23 Records of Dade COUhtYi SUBDIVISION, as recorded in Plat Book 121, at Page 82# of the Public Records of Dade County, Florida (hereinafter the '"CORP �, Site") and has requested a release of the Covenant to permitthe use of the CBRF Site for a loo-unit rental apartment for elderly - persons over, 60 years of age'Aa Communitybased .residential facility); and WHEREAS, the owner has proffered a substitute covenant, attached hereto as Exhibit "B" ("Substitute Covenant"), which will encumber the entire CBRF Site as hereinabove described, and which assures the City that the pro residential posed community -based facility to be located on the CBRF Site will be compatible with the residential areas to the north and east and will provide a buffer between these residential areas and the existing commercial areas along Northwest 7th Street; and WHEREAS, the Owner understands that, in addition to all other Code requirements, a special exception must be obtained from' the City Zoning Board prior to commencing the proposed use of the CBRFSit6 as'a community -based residential facility; and : WHEREAS, the City Commission has determined that it is in the best interests of the general welfare of the City of Miami and its inhabitants to allow the release of the Covenant, subject to the recordation of the Substitute Covenant; SOLVED BY THE COMMISSION OF THE CITY NOWo,'THEREFORE, BE IT RE OF441AMI, FLORIDA: Section 1. A release of the Declaration of Restrictions � Mt dated may 23, 1984, and recorded in Official Records Book: 1-210 Page 2833, Public Records of Dade County, Florida,, for PLAT OF RIVERSIDE FARMS1:,aCCordi-0 and 6, Block 6,, SUPPLEMENTAL ZIN Of ; Book 2, at Page u I'* the Plat thereof, as recorded in Plat Abey and the N;51 Of: Public Recorda of Dade County' Florida, corded, in "Plat� Oook� 1211'i,­�.AIC VISION,,:_as re CHANNEL23 SUBDt of the Public Records of bade County, Florida (approximately N.W. 25 Avenue)# to permit the use of the Property for a 100-unit rental apartment for elderly persons over 60 years Of age (a community -based residential facility), is approved, subject to receipt by City of a recorded Substitute Declaration Of Restrictions encumbering Lots I and 6 of Block 6 of the SUPPLEMENTAL PLAT OF RIVERSIDE FARMS, as recorded in Plat Book.2, rds of Dade County, Florida, and at Page 88, of the Public Reco TRACT KA", CHANNEL 23 SUBDIVISION, as recorded in Plat Book 121, at Page 82, of the Public Records of Dade County, Florida,, the CBRF Site, in a form acceptable to the City Attorney. PASSED AND ADOPTED this day of 1989. XAVIER Le SUAREZ, MAYOR. ATTEST: MATTF HIRAI-, 'CITY CLERK A, PREPARED.,AND PPROVED BY: G. MIRIAM MAER 'ASSISTANT CITY ATTORNEY APPROVED AS To FORM AND CORRECTNESS: L FE Z CITY ATTO, Y GMM/ema/M9 4rp 0_1 3 % JORGE CITY A cr .3 at 1 0 �rr V' 62aftVUR Mr F ORS lic I Z i 81 P033 tmbw ALL MN By TnS2 PR"BSEIM that the undersigned, being the owners of the following described property (the "Property") ► lying, being and situated in Dade County► Florida, to -wit: Lots 1 and 6, Block 5► Supplemental Plat of Riverside Farms, according to the Plat there- of as recorded in Plat Book 2, Page 88 of the Public Records of Dade County► Florida. in order to assure the Zoning Board and City Commission of the City of Miami► Florida, that the representations made to them by the owners will be abided by, voluntarily make the following Declaration of'Restrictions covering and running with the Prop- erty: 1. That use of the Property shall be limited to uses accessory to television station studios and offices, including but not limited to parking, plaza and satellite and tower anten- nas. 2. That the Property will not be used for the purpose of floor area calculations for the redevelopment of abutting prop- erty at 2501 N.W. 7 Street. 3. That the antennas to be located on the Property will be designed against television reception interference at homes within a radius of 375 feet of the Property, and any television interference which may result to such owners from said antennas will be eliminated by the undersigned at its sole cost and ea ense P• 4. That the antennas to be located on the Property will be designed and secured 'against collapse beyond property owned ;by the undersigned due to hurricanes or _other storms, and any damage caused by said antennas to abutting properties shall be repaired at the expense of the undersigned. 50 That the antennas will be located on the Property slu stantially in accordance with the site plans entitled` "Spanish International Comm. Corp., WLTV 230, prepared ' by E. Prances,,: A.I.A., dated April 25, 1984. 68 That an 8 feet high wall will be installed to the north and east of the antennas as shown on said site plan prior.to the commencement of construction of ` said antennas. 7. That approximately 20 feet high trees will be planted every 10 feet along the landscaped buffer north and east of ,_the wall described in paragraph 6 above. 8. That said landscape buffer shall be" no less than 10 feet wide along the northern boundary of the Property. 9. That the undersigned will obtain and maintain in full force an insurance policy against the claims of "other property F: owners for damages which might. be caused to. such other property ` owners resulting from the collapse, :if any, of the antennae ' reflected `on the plan ,.described in -Paragraph-S above." It is understood and agreed by the undersigned Officia"1- ins. ctor of the Cityof Miami Fire, ,Rescue. and I�iep�g*- t sue._ tion Services Department or any agents duly '`authorized by Director of that Department may have the privilege ax` anV-`time This Instrument Prepared 8y1 T{f _ ti''sLsra Gary K. Held 8eq Greenberg. Traurig, Askarr. Ho ._ x, E r L poff , . Rosen a Quentel, P.l!►* � , k ,� W1., 1401:Brickell 4v ehue,op : PXB l r ![lam• Flo;Ida 3313 mf fir,3. rs t y,'tea F � . K%C 87 PG2834 IS ' during normal working hours of entering and investigating the use of the Property to determine whether or not the requirements * of the building and zoning regulations and the conditions herein- agreed to are being fulfilled. These restrictions during their lifetime shall be a restric- tion and limitation upon all present and future owners of the Property and for the public welfare. This Declaration shall constitute a covenant running with the land and shall be recorded in the public records of Dade County, Florida, and shall remain in full force and effect and be binding upon the undersigned, its successors and assigns until such time as the same is modified or released. These covenants shall continue for a period of 30 years from the date of recordation, after which time they shall be extended automatically for successive periods of ten years, unless an instrument signed by a majority of the then owner(s) of the Prop- erty has been recorded which changes or releases the covenants in whole, or in part, provided that the covenants have first been released or the changes approved by the City of Miami. This Declaration of Restrictive Covenants may be modified, amended or released as to the land herein described, or any por- tion thereof, by a written instrument executed by the then owner (s) of the fee simple title to the lands to be affected by such modification, amendment or release, provided that the same has first been approved by the City Commission or the Zoning Board of Miami, Florida, (whichever by law has jurisdiction over such matters) after public hearing. -` Should this Declaration of Restrictive Covenants be so modi- -� fied, amended or released, the Director of the City of Miami -' Fires. Rescue and. Inspection Services Department, or his suc- cessor, shall forthwith execute a wri-tten instrument effectuating .f and acknowledging such modification, amendment or release. -i Enforcement shall be by action at law or in equity against _=! —j any parties or persons violating, or attempting to violate, any covenants, either - to restrain violation or to recover damages. - The prevailing party shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may - adjudge to be reasonable for the services of his attorney. = Invalidation of any one of these covenants, by judgment or Court, in no wise shall affect any of the other provisions which shall remain in full force and effect. IN WITNESS WHEREOF, the owners have caused these presents to be executed and signed in their names by their proper officers, and their corporate seals to be affixed hereto and attested to by their Secretaries the day and year set forth below. WITNESSES: SPANISH INTERNATIONAL COiwlMQNICATIONS CORPORATION rt_ eyno se mq re ent. ATTEST s Y i I� i� r. $FATE" 0? NEW YORK ) a CWHTY OF BRONX ) The foregoing instrument was acknowledged before me this day of Ma , 1994, by Re o1d_V. Anselmo and Same a3President an Secretary# respectivelyt . s nternational Co i a Delaware corporation, on corporation. NOTARY WISrAC State of New York at Large My Commission Expires: Yeelc - Na 0147NI t — APPROVED AS TO PORM AND L CORRECTNESS: Ak City .Attorney i, 519, •fit' a t; it �i t 1 i" r J A ...2�:. .. �. s, • . ., .� i u . .i . , _ . �, . ., .r ." . . i. ..k nc�' :i. r�",,r�,�Z+a — z SUBSTITUTE DECLARATION OF PSSTRICTIONS KNOB ALL MEN BY THESE PRESENTS that the undersigned, being the owners of the following described property (the Property), lying, being, and situated in Dade County, Florida, to wit: Lots 1 and 6 of the Supplemental Plat of Riverside Farms, Plat Book 2, at Page 88, of the Public Records of Dade County, Florida; and Tract A of Channel 23 Subdivision, Plat Book 121, Page 82, of the Public Records of Dade County, Florida. in order to assure the Zoning Board and City Commission of the City of Miami, Florida, that the representations made to them by the owners will be abided by, voluntarily make the following Declaration of Restrictions covering and running with the Property: 1. That use of the Property shall be limited to a Community }'- = Based Residential Facility for the elderly and for uses accessory thereto, as defined in the City of Miami ordinance No. 9500 including but not limited to parking and recreational open space. F� 2. That the Property shall not be used for the purpose of floor area calculations for the redevelopment of abutting _ property to the south at 2501 N.W. 7 Street. 3. That the Property shall no longer be used'for television broadcasting or any accessory uses to such broadcasting., i 4. That the broadcasting antennas located on the Property!_ shall be removed and shall not be replaced. 5.That the residential building onthe property shall not" } exceed forty-five (45) feet in height: 6. That the Property shall be bounded by either'a solid textured hedge or a wall or' fence at least` five (5) ` feet'high", along the north side of the property.' 7. That the Property shall include a minimum ten (10) feet wide landscape buffer area along the north side of the Property s as approved by the staff of the City's Building and'Zoning Department and as required for a special exception for a Community Based Residential Facility on the Property. This Declaration of Restrictions shall take -effect -only after the City Commission's acceptance of it in substitution for the �. �. existing Declaration of Restrictions made on May 2311984, recorded at official Records Book 12187, Page 2833-,2835, Public, r Records of Dade County, '!. Florida, and only upon the Zoning Board. �s approval of a special exception for -a Community Based Residential: Facility On.the Property pursuant to a site plan=in substantial w3_- compliance with that certain site plan >prepared by Salman & - Associates, attached hereto as Exhibit."A." it is understood and agreed..by..the .undersigned .that5 official i»spector of .the City ,of Mia:ai: or any ager�ta fi� 'N authorized by the City may have the prtvileqa any ;;ti�►e; dot.. y, , normal wQrking hours of g entern and investgat:ztg the uQ:ex a� - Property and to determine._ whether or not` the requirementi of iar lauild »g � and, -zoning regulations and the cond .tioxts pP DI on are being fu�.f led. , t x .. s+` '!'hQss{".reatrictOns'rduring .t�,heir ].���ti:ns` _ rssar.ct.+an .and limt to ipn t�p+0 ail prser�t endu�tgr' V. the : F'opartX :xtd fox the puhl3.c; ws.Paare r ti` t yet r, ` X r a4' 1 This Declaration shall constitute a covenant running with the land and shall be recorded in the public records of Dade County, Florida, and shall remain in full force and effect and be be — binding on the undersigned, its successors and assigns until such time as the same is modified or released. These covenants shall continue for a period of 30 years from the data of recordation, after which time they shall be extended automatically for successive periods of ten years, unless an instrument signed by a majority of the then owner or owners of the Property has been recorded which changes or releases the covenants in whole, or in part, provided that the covenants have first been released or the changes approved by the City of Miami. t This Declaration of Restrictive Covenants may be modified, amended, or released for the Property or any portion of it, by a }— written instrument executed by the then owner or owners of the fee simple title to the lands to be affected by such modification, amendment, or release, provided that the City _ Commission or the Zoning Board of Miami, Florida (whichever by t law has jurisdiction over such matters) first has approved the - change or release after public hearing. Should this Declaration of Restrictive Covenants be so modified, amended, or released, the City Manager of the City of _ Miami or his successor, shall forthwith execute a written instrument effectuating and acknowledging such a change or release. Enforcement shall be by action at law or in equity against any parties or persons violating, or attempting to violate, any covenants, either to restrain violation or to recover damages. The prevailing party shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may , adjudge to be reasonable for the services of his attorney. r Invalidation of any one of these covenants by judgment shall in no wise affect any of the other provisions, which shall remain in full force and effect. IN WITNESS OF WHICH, the owners have caused these presents to be executed and signed in their names by their proper officers, and their corporate seals to be affixed hereto and attested to by - s their Secretaries on the day and year set forth below. _ WITNESSES: UNIVISION STATION GROUP, INC. By• President 3 ATTEST: is F FYfe:t3f'�'+rl.�mfM:tr-•+i::� „=i�w4rr+:Mis+�; } 9;� v n „ n n Exhibit "A".to -exhibit B to the Resolution is' the Site Plan. The Site Plan was sent to Glofi, Pox, along with the Resolution, on 3/8/89.