Loading...
HomeMy WebLinkAboutR-88-0854J-88-362 5/2/88 RESOLUTION NO. NN-R,Sj A RESOLUTION APPROVING AN AMENDMENT TO THE DECLARATION OF RESTRICTIVE COVENANTS RUNNING WITH THE LAND DATED JUNE 23, 1987, FOR THE PROPERTY OWNED BY LEONARD A. RALBY AND RALBY- ALLEN REAL ESTATE PARTNERSHIP AND LOCATED AT APPROXIMATELY 2606, 2612, 2620 AND 2630 SOUTHWEST 28TH STREET, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) TO THE REQUIREMENT FOR A FIVE FOOT (5') HIGH WALL, SUBJECT TO EXECUTION, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, OF A SECOND COVENANT WHICH SHALL PROVIDE FOR THE CONSTRUCTION AND MAINTENANCE OF A SIX FOOT (6') HIGH WALL AND WHICH SECOND COVENANT SHALL ONLY BECOME OPERATIVE IF A PENDING REQUEST FOR ZONING VARIANCE IS DENIED. WHEREAS, on May 28, 1987, the City Commission adopted Ordinance No. 10277 rezoning the property located at Lots 3, 4, 5 and 6, less the south one (1) foot of each, Block 2, RING PARK, recorded in Plat Book 5 at Page 112, of the Public Records of Dade County, Florida (hereinafter the "Property") from RS-2/2 One Family Detached Residential to RO-1/4 Residential Office with the SPI-3 Overlay District and accepted a Voluntary Declaration of Restrictions (hereinafter "Covenant") which, among other assurances and requirements, provides in Section 1 thereof that a five-foot masonry wall shall be constructed along the entire southern boundary line of the Property; and WHEREAS, the Covenant provides that it may be released, modified or amended by a written instrument approved at a public hearing before the City Commission; and WHEREAS, Leonard A. Ralby, the owner of the Property (hereinafter "Owner") has requested an amendment to Section 1 of the Covenant to permit the hearing of an application for variance by the Zoning Board to consider waiving the requirement for a six foot (6') high wall as required by the Zoning Ordinance No. 9500, as amended, and CITY Cowasown. MEETING Of SEP 27 on prk r:1 WHEREAS, the amendment to the Covenant shall further provide that in the event the variance is denied, the Owner shall construct and maintain said six foot (6') high masonry wall along the entire southern boundary line of the Property and shall in all other respects also conform to Zoning Ordinance No. 9500: 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 above -described amendment to allow Owner to apply for a variance as hereinabove set forth: NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA% Section 1. An amendment to Section 1 of the Covenant to allow Owner to apply to the Zoning Board for a Variance from the requirements of Zoning Ordinance No. 9500 for a six (6) foot high masonry wall to be constructed and maintained along the entire southern boundary line of the Property, and to further modify Section 1 to require Owner to construct and maintain a six foot (6') high masonry wall along the entire southern edge of the Property in the event the variance is not approved, is hereby granted, subject to execution of said Amendment to Covenant in a form acceptable to the City Attorney. PASSED AND ADOPTED this 27th day of September , 1988. A TTM NATTY HIRAI, City Clerk PREPARED AND APPROVED BY: G. MIRIAM MAER Assistant City Attorney APPROVED AS TO FORM AND CORRECTN688s E L. PERU DES City Attorne GMM/rcl/M667 - Z- C'TI ff MIAI,'; FLORIDA FIM MEMORANDUM vA TO ���• plTc FEE Gloria Pox. � � � � January 31, 1989 A-88-096 Hearing Boards Chief`, ` ;;' �� t.. SUBJE Amendment to Voluntary r+" Declaration of Restrictions - Leonard A. Ralby (City FROM A �riamNaer pErERENCESCommission Resolution Assistant City Attorney No. 88-854) ENCLOSURES Attached please find unexecuted copy of Amendment to Voluntary Declaration of Restrictions in referenced matter. This should be made a part of the City Commission package for review. GNN/ema/P079 Attachment cc:&/Natty Hirai, City Clerk Guillermo 01medillo, Deputy Director Planning Department Joseph Genuardi, Zoning Administrator Building and Zoning Department James J. Ray, Chief Design Engineer Public Works Department ,Sk AMENDMENT TO VOLUNTARY DECLARATION OF RESTRICTIONS This is an Amendment to Voluntary Declaration of Restrictions (the "Amendment") made this ","f1 day of January, 1989 by Leonard A. Ralby ("Ralby"). RECITALS A. Ralby is the owner of the real property legally described on Exhibit "A", (the "Property"). B. Ralby is also the owner of the real property legally described on Exhibit "B". C. The Property is subject to a Voluntary Declaration of Restrictions dated June 23, 1987 (the "Declaration"). D. Ralby desires to make this Amendment in order to modify the Declaration. Suc tion has been approved by the City of Miami Commiss pursuant the September 27, 1988 City of Miami Resolutio o. 88-854. ICATIONS 1. Section 1 of the Declaration is deleted and the following is substituted in its place: No structure shall be constructed within the south twenty (20) feet of each lot that makes up the Property (the "Buffer Zone") with the exception of a six (6) foot masonry wall which shall be constructed along the entire southern boundary of the Property. 2. Except as specifically modified and amended herein all provisions of the Declaration shall remain in full force and effect. IN WITNESS WHEREOF, Leonard A. Ral has exe ted this Amendment on the day and year first writte �bove Signed, sealed and delivered the es@peelof : O 17 . Ra STATE OF FLORIDA ) )SS: COUNTY OF DADE ) The foregoing instrument was acknowledged before me -this day of January, 1989 by Leonard A. Ralby. M Commission Expires: Y P r.L, < - _-- :F •w11014otary Publ is r l'tU;N39 ftlMl 1CCho/ N1 COMMISS164 EAP.'FE8 I6.191fi t a to of Florida �f,5 sae 'a ) .atsslkYo9 ;.IOM INM GEN" Lu. un. :wpr1:1DC0125W 05228.0002 fit Y ey^� Y Lots 3► 4, S and 6, Block 2, Rt11G PARR, according to the plat thsraof, recorded in Piat Book S at Page 112 of the public Rscords of Dads County, Florida. 2606, 2612, 2620 and 2630 S.N. 20th Streot. =BIT •g• Lots 19 and 20 less the Northeasterly 10 feet thereof, Block 2t RING PAWL according to the Plat thereof, as recorded in Plat gook S of Page 112 of the Public Records of Dade County, Florida. 2333 Andros Avenue R r Y� A f i et -44 -p2x ��1�� F"i (�. ��•'�`F �,•�6�5* T�°• r i',�'Y �Ahi���`"� .�Y' 41- mo �tA,, o�y� daI�wTR fr„F 3�� _ '7' m4Fn1X•.'��ui�r..:t�'!.,'1,'�L. •14h..'�.:'ly�9Cl��JaFf• ...:�i::.Ai of �tMriti KWA t. FERMMMI City Attorney October 21, 1988 73 r^t 24 T"p1p 4: 20 TellOo}ie)� SFr10s► Ii1�1716 Stanley B. Price, Esq. Fine Jacobson Schwartz Nash Block i England One CenTrust Financial Center 100 Southeast 2nd Street Miami, Florida 33131 Re: Leonard Ralby - Modification Covenant Resolution No. 88-854 September 27, 1988 City C eetinq Dear Stan: I understand the City Commission approved the requested Modification of referenced Covenant. Please provide me with the original executed covenant at your earliest convenience. Sincerely, G. Miriam Maer Assistant City Attorney GMK/rcl/P479 cc: Guillermo Olmedillo Deputy Director Planning Department Edith Fuentes, Director Building i Zoning Department Joseph A. Genuardi Zoning Administrator Santiago Jorge -Ventura Building Official Now OFM Of THE CM ATTORN mum mwinm Building/One S0u0WW T#*d Av*nue/MWW, FWAU 3" FA -" Nl Stanley S. Price, Esq. Re: Leonard Ralby - Modification of Covenant - Resolution ft. 88-SS4 September 27, 1996 City Commission Meeting Page 2 Gloria P'ox, Chief Hearing boards Division James J. Ray Chief Design Engineer Public Works Department Natty Hirai City Clerk Gloria Fox, Chief Hearing Boards Division Stephen Helfsan, Esq. b F j'.ofa ,_....... .. ., . .,�. s_...,..:,..x rl�i3➢crl�.n.:utle..,-..d;'l� �,:... ,f�'t�iSH PZn14 Leonard A. Ralby 2620 S.W. 28th Street .41ami, Florida 33133 April 25,.1986 Ms. Gloria Fox City of Miami Building i Zoning Department 275 N.W. 2nd Street Miami, Florida 33130 Dear Ms. Fox: The purpoaat if this correspondence is to address two (2) concerns delineated within the past week by Assistant City Attorney G. :Miriam Maer. Those concerns had first to do with whether the entire subject property aad been included in the legal advertisement and secondly the exact name of the ownership of the property. As you are aware this matter had been scheduled to be considered by the City Commission on April 28, 198S but has been delayed for the above reasons. It is respectfully requested that the initial application filed in tail matter be amended to include, in addition to Lots 3 and 4, Lots 5 and 6, All of which are located in Block 2, KING PARK, PB 5, P 112 of the Public Records of Dade County. Additionally, the request now pending City Commission const,ieration is similarly requested to be amended. As regards ownership of Lots 5 and 6, attached is a copy of the Quit Claim Deed showing a transfer of title from the :alby-Allen 3at1 Estate Partnership to the undersigned. This document has been recorded in the Public Records and was executed for the purpose of dissolving the partnership. To reflect the above information, attach" are deb Pages i and 2 of the application form. It is trusted that f res=ionds sufficiently to the concerns raised and that this as can be presented to the City 009448stat on May 2! $ 1"-4. a you for your aseistanco, q-- ` . ,2• jjil k f 1 Sincerely, �. tuQna rd A. eta lb 6 -.+�.� t 42 a a j r M Zia r 3 �i1 ©R Q S2 . 131 DROVE — A S 31113 Aw- c% r i --- - — " ..Z 30 tl.� !i"t°! tact. f N a S.lil� 28 - ST. ,r 10 A 7 � �Ii + ° 2 r • e• s z + s t T =T ?. 2 ..., ' 3 to ,2 Z { � � Js ` �Z P b p e ,3 G \ OCONUT AVE. i I� ro:�rrs� o� PAa February 18, 1967 AS-41 �e Itm 05 / Approximately 2606-2630 • S.W. 2Sth Street Ap K-21 �38-859� '''' • _ ammmundw VL Not .44 S .'� . 27 Lk .M .� l •� • V s. - i - ia"' •f "lei •�,+�, ✓'• j .,a cu lip „,� r^',..::..i`..'v,,r .,4�+}.� ••, Ar .w, �+- , raj}3'=:•'` _ ._.�.� ST. , " S . w . i 1 � ;�`��.. ice•,. �. i :_. .,,� .y -,�_ •r '.w. .:`�: ... \ i� ' +!. - .. �:i. , ,# I .ram: c��+• .�':� .'r r .,t ,:tt•" '.1. N • _ ••4 •. �,�. .� � �� .. _ F,�'„ • • � per. .... . +. j,i .,'+{' �'.u:. •,•�Y-•. ... Iw. �.. 3 5 y'�•.'�r �' I �,,1 . •.�,�,'n� .+�i,...ic4;•� r ,�'.. .. .,�,�; J f z:XPI / • T 1. f � s 4 kGW-ZGIZ SM Ell Stet Leonard A. Ralby & ions March 21,1988 Ms. Gloria Fox _ City of Miami, Zoning Hearing Boards 275 N.W. 2nd Street, Second Floor Miami, Florida 33130 Re: Voluntary Declaration of Restrictions on -- Lots 3 and 4, Block 2, KING PURR, PB 5, P 112. Dear Ms. Fox: Please accept this letter as a request for a modification of the Voluntary Declaration of Restrictions referenced above, a copy of which is attached for your ready review. This Declaration was proffered to the City in June, 1987 pursuant to Ordinance No. 10277, passed and adopted on Second Reading on May 28, 1987, rezoning the referenced property from RS- 2/2 to RO-1/4 with the SPI-3 Overlay District. The Declaration was given to insure that development compatible with nearby properties would occur; that is, with the exception of a five foot (5') high wall, no structure would be constructed within the south twenty feat (20') of each lot. Please be assured that this request is not intended to delete or diminish the assurance previously given. The modification requested is to permit the hearing of an application for variance by the Zoning Board to consider waiving the requirement for a six foot (6') high wall as required by the Zoning Ordinance should the City Commission approve this request. The application fee for modification of the Voluntary Declaration of Restrictions in the amount of $400.00 is enclosed. Sipcarely /%tug Leonard A.�.1 f � A•- I AFFIDAVIT STATE CF cIDA ) SS. CIMIM OF DALE ) Before ma. the t=erzigrad authcrit7, this day perscrally appeared LMNMM A. RALBY who being by ere first duly swam. upon oath. deposes and says: 1. That he is the owner. HOCt•�bic VOW submitting the acc-_-;any rg application for a public howl g as required by Ordinance No. 9500 of the Code of the City of Miami. Florida. aff ectirg the real property located in the City of Mimi as described and Listed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he represents, if arty, have given their f1�11 and cc mp"te permission for him to act in their behalf for the chats ,jr modification of a c2assi:ication or regulation of zoning as set mm in the accc- fan -.& petition. 3. That the paW attached hereto and nude a part of this ' affidavit contain the cir. eat names. me Berg addresses. #=a mn6irs ad legal dascrtptioms for the real property which no is the owner or legal representative. 4. The facts as repzwerrted in the application and dcctmaarA skmitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Sworn to and Subsc:tbed before me this4,2� day of�:�. 19A& Public. State of Florida at Large My CCfmilssion Expires: Mtur "KIC STAR a rtMSa r< n a, r i nj °i. ..*% A"N DI9CI46= OF CWMRIP 1. L gal description and street address of subject real property: Lots 3 and 4, Block 2, KING PARK, according to the Plat thereof, reoor+ft in Plat Book 5 at Page 112 of thePublic Records of Dade County, Florift. 2606 and 2612 S.W. 28th Street 2. Owner(s) of subject real property and percentage of ownership. Note! City of Miami Ordinance No. 9419 requires disclosure of all parties giving a financial interest, either direct or indirect, in the suoje= matter of a presentation, request or petition to the City Commission. Accordingly, question 12 requires disclosure of all shareholders of cotporatiods, beneficiaries of trusts, mid/or any other interested parties, together with their addresses and proportionate interest. Leonard A. Ralby - 100% 2618 S.W. 28th Street Miami, Florida 33133 3. Legal description and street address of any real property (a) owned by any pay listed in answer to question #2, and (b) located within 375 feet of the subject real property. Lots 5 and 6, Block 2, K= PARK, acoord.inq to the Plat thereof, recorded in Plat Book 5 at Page 112 of the Public Records of Dade County, Florida. 2620 and 2630 S.W. 28th Street Lots 19 and 20 less the Northeasterly 10 feet thereof, to the Plat thereof, as recorded in Plat Book 5 it Page of Dade County, Florida. j 2533 Andros Avenue \ I L Block 2, F3M PARK, &==d- 112 ig the Public R - nr+ds IR741 b , being duly sworn, deposes and says ME no is tna ('wner) NO of the. real property described in answer to question #1, above= than hi has read the foregoing answers and that the same are trio and mmpl"et�and (if ' as attorney for owner) that he -has authority to execute tl�is Oisclossre of Ownership foam an behalf of the owner. 'v �'11 � 1 d (SUL) WOM / lc7aarl � � 10 AND SUS5 befores �? �..r- day of iC• a O li�btida at Lam 1m. MY C �=►►i MIM i N� MInC f iA OI fmift piJ01�11M nu.. IOr. 611f1 014NER' S Owner's gaol* L,eCnLrd A. RalbY Mailing Address 2618 S.W. 28th Street Miami, Florida 33133 Ttleonone Number 444-5085 Legal Description: Lots 3 and 4, Block 2, KING PAM, according to the Plat thereof, recorded in Plat Book 5 at Page 112 of the Public Records of Dade County, Florida. 2606 and 2612 S.W. 28th Street Owner's Name Mai 1 i ry Address Telephone Number Legal Description: 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' of the subject site is listed as follows: Street Address Legal Description lot 5 2620 S.W. 28th Street Miami Block 2 KIM PARK Street Address 2630 S.W. 28th Street Street Address Lecal Description }got 6 Block 2 Descriotion Lots 19 and 20 less the Nortlurstarly k 10 flM thenot..2...._,.,....�... - 4 I ter t✓� �� 0 1 nand �s PW Sat 8SR3 i 96s4 .. _ - swit'g as. ua. 04AMCO OPORM . hEc:12669K 113 M QUU-CWM I[ti Er.c tted this 9V- day of October . A. D. io tS . W R# M-Au" PFAL SATE PAR MMMV , a Florida general partnership, first party. to 1JCM O A. RALBY whose p"Ieffice oddrees Is 3350 SW 28 Terrace, Coconut Grove, Florida seed party: (erbww, Me t.,a. d...n.w " W" ow"', am "r.w r.n." " (ales reed- ow ahtd, tow. Now ,Mn.....ML w Mon d $01fir,.e..r...e N. NN.a«. w ..soli et .ete«eANW, •re,« a■ .tau, • .aura « ,.ewe► t That Ike sad first party. for and in comiderwim of Ike sam of S 10.00- in Mind paid �y 16 roil twe"d r " tho •...ern UA0,0 +f " hereby *4 w--.L94 d,... l.orwby raadae. to. 6wo and gttit.olabn onto Ike said second party ferewr. A the ►,9ki. Ittb. interest, denim and datetmd whiA Ike and fim ply keg in and to Ike following descrtbed lot. piece or pascal of 6n4 signal*. 1"" Asti &*w In 16 County of Dad! State of Florida , to -cite: lots 5 and 6, in Block 2, of MG PAWL, according to the Plat thereof, as recorded in Plat Book 5, at Page 112 of the Public Peeords of Dade County, Florida. CRIT CLALM MM is for the purpose of the dissolution of the partnersldip. �526� •nose. Cow.. U.Y. 'To But id t0 Hold ike same togoiker tuck all and singular Ike aetilwowawns tket"ala 6e6muw or in anywiss appertaining, and all the estate. right, title. intarwi. lien. putty and c" w;w- sowe► of Ike said first party. faker 1n lour or equity. to the only proper use. benefit and bekoof of Ike said second party f t tQf s The said first party kas signed and stew tkese presents the day and year first abo it niten. RALBY-ALLM PFAL SATE S,pne f. a and delivered in presence of: tea,« %.v ra4Am&%d6. nassaa, arwaria.a ^. �J, WNk STATt or I DRIDA, by Eioaard IrAn as MUMMY - Comm of D= } fact I muny CuTIIY that so chi• clay. belme (sae as *ilices Iaty aatim aed is the Scut ste eeaill as/ is the Coast, sea oi/ w ala a/NaM% Shmm Allan, as c wm-aly�jpaartssar of RAM-ALLM FM � PJ1�f�r a k' Florida general pa�tnerst" t �? to sae Yaws w be the prsaa desenbd is •ad who easented the foeew" uwwv m ss/ blow m that She eaaew" Iha utae. � ,..,•a•"•. � r } WITNM my haa/ and official Kai is the Coaaty atltf Stun last afaetwti�� r. OCsbOber A. 0. IS 85 ✓/1/lfl'7(./'' ti1. �$a Nctary Public. stow IV — �.Z PA@wd wA MUM too amq ltaiunMr %►: � N • r M. •lank t Aube, Colaisky i AA(mw 4770 lliaw►yrls iioulsyss:d, lZth our Mtalw, , Fknida 33137