HomeMy WebLinkAboutR-88-0592r r.
J-88-S78
6/23/88
RESOLUTION NO."'�).�+�
A RESOLUTION APPROVING AN AMENOMENIT TO THE
DECLARATION OF RESTRICTIVE COVENANTS RUNNING
WITH THE LAND DATED JUNE 25, 1987, AND
RECORDED IN OFFICIAL RECORDS BOOK 13440, PAGE
3327, PUBLIC RECORDS OF DADE COUNTY, FLORIDA,
FOR THE PROPERTY OWNED BY ALF-LOREN
INVESTMENTS, N. V. AND LOCATED AT
APPROXIMATELY 2100 BRICKELL AVENUE, (MORE
PARTICULARLY DESCRIBED HEREIN) TO PERMIT A
MAXIMUM HEIGHT OF 48 FEET FOR BUILDINGS ON
THE PROPERTY IN ORDER TO ALLOW FOR A MORE
COMPATIBLE ARCHITECTURAL SOLUTION, SUBJECT TO
THE FOLLOWING: 1. SHOULD THE 48 FOOT
BUILDING INTERFERE WITH NEIGHBORS RECEIVING
OF SATELLITE TRANSMISSIONS THEN APPLICANT
MUST PAY FOR RELOCATION OF SATELLITE DISH
ANTENNA. 2. BUILDING PERMIT MUST BE ISSUED
WITHIN ONE YEAR FROM DATE OF CITY
COMMISSION'S MEETING APPROVAL OF THE
AMENDMENT, AND FURTHER SUBJECT TO RECEIPT BY
CITY OF A RECORDABLE INSTRUMENT IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
WHEREAS, on June 25, 1987, the City Commission accepted a
Declaration of Restrictions (the "Covenant") which, among other
limitations, restricted the height of buildings on the property
located at approximately 2100 Brickell Avenue, legally described
as Lots 79 and 80, Block 56, FLAGLER (MARY BRICKELL), Plat Book 5
at Page 44, Public Records of Dade County,. Florida, (the
"Property") to a maximum of 40 feet, which covenant, (a copy of
which is attached hereto), is recorded in Official Records Book
13440 at Page 3327, Public Records of Dade County, Florida; 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, the property owners have requested that Paragraph B
of the Covenant be amended to provide that the height of
buildings on the Property shall not exceed 48 feet in order to
allow for a more compatible architectural solution; 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;
M..
c.� i � ia. �ia.'4•:f .La
CITY COMMISSION
MEETING OF
J U N 1988
RE50LI11I011 No. KS-592
KNIARKS:
0
lie
-- ---------
NOWt THtkEPOREo 88 IT 988OLV8b 8Y THE COMMISStOM 0P THE CltV
OF MIAMt# PLORIDAt
Section 1& An amendment to Paragraph A of the Covenant
recorded in Official Pecords Rook 13440 at Page 3327, Public
Records of Dade County, Plorida# entered into On June 25, 1987#
to provide that the height of buildings on the Property shall not
exceed 48 feet is hereby approved, subject to the following.,
1. Should the 48 foot building interfere with neighbors receiving
of satellite transmiSSiOhS then applicant must pay for relocation
of satellite dish antenna. 2. Building permit must be issued
within one vear from date of City Commission's mee-tinq approval
of the amendment, and further subject to receipt by Citv of a
recordable instrument in a form acceptable to the City Attorney.
PASSED AND ADOPTED this 23rd day of June 1988.
-4U;A;RE
ATTEST: XAVIER L. UAREr,, MAYOR
/,,Aiiiiiii/MATTY HIRAI, City /Cler-k/
N
PREPARED AND APPROVED BY:
G. MIRIAM MAER
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
JORE 1). FONANDEZ
City Attor ey
GMM/rcl/M724
-2-
This Modification of Declaration of Restrictive Covenants
made this . day of September, 1988, by ALF-LOREN INVESTMENTS
N.V., a Netherland Antilles Corporation (Owner), is in favor of
the City of Miami, Florida, a municipality located within the
State of Florida.
WITNESSETH
WHEREAS, the Owner holds fee -simple title to certain
Property in the City of Miami, State of Florida (the "City"),
consisting of Lots 79 and 80 in Block 56 of FLAGLER, according
to the Plat thereof, recorded in Plat Book 5, Page 44 of the
Public Records of Dade County, Florida (the "Property"); and
WHEREAS, the Owner did on June 25, 1987 execute a
Declaration of Restrictive Covenants in favor of the City of
Miami, Florida, recorded in Official Records Book 13440, at Page
3325 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 13440, at Page
3325 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 48 feet
excluding any mechanical and equipment
penthouses, elevator parapets and ornamental
pediments.
B. Satellite dish. Owner will pay up to twelve
thousand ($12,000.00) dollars to correct
satellite dish television reception of 2000
Brickell Avenue, Miami, Florida, if, and only if,
the structure to be constructed on the subject
property interferes with television reception of
2000 Brickell Avenue, Miami, Florida, and said
satellite dish legally complies with the City of
Miami Building and Zoning Ordinance.
C. Time Constraint. Owner will commence
construction on the property within one (1) year
of the execution of this Modification of
Declaration of Restrictive Covenants.
D. Effective date. If the City of Miami Commission
approves the owner's pending application for an
amendment to the City of Miami Zoning Atlas, and
after said approval has become final and
nonappealable, this instrument shall constitute a
covenant running with the title to the Property
and be binding upon Owner, its 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.
4
E: Keco_rcUng. 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 Owner, and the original delivered to
the Chief of Hearing Boards Division; 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.
E: OTHER PROVISIONS:
(i) Except as modified herein, all other terms,
conditions and obligations set forth in that
certain Declaration of Restrictive Covenants in
favor of the City of Miami, Florida, recorded in
Official Records Book 13440, at Page 3325 of the
Public Records of Dade County, Florida, shall
remain in full force and effect and shall be
fully complied with.
(ii) Notwithstanding anything to the contrary,
in the event Owner is unable to comply with the
time restraint noted in paragraph "C", above, the
parties hereto agree that this Modification of
Restrictive Covenants shall be null and void and
the Declaration of Restrictive Covenants in favor
of the City of Miami, Florida, recorded in
Official Records Book 13440, at Page 3325 of the
Public Records of Dade County, Florida, shall
remain in full force and effect as if this
Modification of Declaration of Restrictive
Covenants was never executed.
IN WITNESS WHEREOF, the undersigned have set their
Hanes and seals this `� day of September, 1988.
WITNESSES:
WI NESSES:
ALF LOREN INVESTMENTS N.V., a
Netherland Antilles Corporation
r
B. • ..- 1 redo Muno Pres dent
CITY OF MIAMI, a municipality
within the. State of Florida
of City Planning Dept.
AS 1 F Y AND CORRECTNESS.
M.L
G Lr
ERNANDEZ
kttornCityof Miami
C•' H-59 7
i r
STATE OF' FLORIDA
COUNTY OF DAME
Before me, the undersigned authority, personally appeared
ALF'REDO MUNOZ, President of ALF LOREN INVESTMENTS N.V., a
Netherland Antilles Corporation, 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
September, 1988.
My Commission Expires:
IKIA-t rupoc Ste'r or rio4IDA
01 COMMISSIOM rat'. AOR 10,1390
M u U9C.
STATE OF FLORIDA
COUNTY OF DADE
Before me, the. undersigned authority, personally
appeared d F -,, Director, City Planning
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
September-, 1988. i
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My Commission Expires:
y CUmmission txp. Apr. 26,
1990 Bonded thru General
Ins. Und.
ALFLOREN/ZQNING(WP1I2188)
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September 21, 1988
Osmundo Martinez, Esq.
2828 Coral Way
Coral Gables, Florida
Re: PZ-39 ity Commission Agen a 6/23/ 8
ant - Alf -Loren Invest N.V.
2100 Brickell Avenue
Dear Mundy:
We are still awaiting the referenced covenant. It is imperative
that we receive this Covenant in order to complete the City's
records for the City Commission meeting of June 23, 1988.
Sincerely,
G. Miriam iNaer
Assistant City Attorney
GMM/rcl/P422
cc Guillermo Olmedillo
Deputy Director
Planning Department
Joseph A. Genuardi
Zoning Administrator
Matty Hirai
City Clerk
57��-
Of110 Of 1Hf CITY ATIORNf1 tlln! lrnr• :t •., ti.:'. r(7nr luurt'n•.r! Ihirr) i�rnuv ^ti.utn hwid.r 331ii
Pa• edl ,IKMoz, President-'��. Corcm. V3.cfar_De Yurre,AQ.
t-,Idren Inve�als-'t3. ? Calm. Miller Dawkins
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8e5tember 21i 1�8t3
Osmundo Martinez, 8sq.
2828 Coral Way
Coral Gables, Florida
Res PZ-39 ity Commission Agen a 6/23/ 8
ant - Alf -Loren Invest , N.v.
2100 Brickell Avenue
Dear Mundy:
We are still awaiting the referenced covenant. It is imperative
that we receive this Covenant in order to complete the` City's
records for the City Commission meeting of June 23 1988.
a .Sincerely,
c
G. Miriam'Maer
Assistant City Attorney
GMM/rcl/P422
cc: Guillermo Olmedillo
Deputy Director
Planning Department
Joseph A. Genuardi
Zoning Administrator
Matty Hirai
City Clerk
' Of110 OF 1HF CITY ATTORMN Iwo \rn+•r•t "mil1w.d+ thu+i •hrruu• 41i,1111+ Ii"Pid.1 3MI
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PZm39
ALF-LOREN IN.VES.TMENTS, N.V.
261 Crandon Boulevard, Suite 133, Key Biscayne, Florida 33149/361-6987
May 25, 1988
Ms. Gloria Fox
City of Miami, Zoning Hearing Boards
275 N.W. 2nd Street, Second FloorCa
Miami, Florida 33130
Re: Voluntary Declaration of Restrictions on �
Lot 79 & 80, Block 56 of Flagler P.B. 5
Pg. 44, public records of Dade County, Florida.?
ordinance No. 10307 July 23, 1987. c
2100 Brickel Avenue, Miami, Florida =-=
N _
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 review. This Declaration
Was proffered to the City in June 1987 pursuant to Ordinance
No. 10307, passed an adopted on Second Reading on July 23,
1987, rezoning the referenced property foam RG-2.1/3.3 to
RG-2.1/5
This declaration was given to insure that development
compatible with nearby properties would occur and it is with
this same intention that we are respectfully requesting the
following modification:
1. Permit a height of 48 feet (originally approved for 40 feet)
in order to allow for a mire compatible architectural solution.
Please consider that under the RG-2.1/5 zoning clasification
there exist no height limitation.
We thank you for your time and interest in this matter and ask you
to feel free to call us should you require any additional information.
Sincerely, cc: Mayor Xavier Suarez
/ Cam. Rosario Kennedy
Comm. J.L. Plummer
1�1 edd14anoz, President---' - - � Comm. Victor De Yurre
f-4oten Ines Comm. Miller Dawkins
-1-
1
PZm39
ALF-LOREN INVESTMENTS, N.V.
2-51 Crandon Boulevard, Suite 133, Key Biscayne, Florida 33149/361-6987
May 25, 1988
Ms. Gloria Fbx
City of Miami, Zoning Hearing Boards
275 N.W. 2nd Street, Second Floorca
Miami, Florida 33130
Re: Voluntary Declaration of Restrictions on
Int 79 & 80, Block 56 of Flagler P.B. 5
Pg. 44, public records of Dade Ocnmty, Florida.
Ordinance No. 10307 July 23, 1987. c
2100 Brickel Avenue, Miami, Florida —;
N
Dear Ms. Fox,
Please accept this letter as a request for a modification of
the voluntary declaratim of restrictions referenced above, a
copy of which is attached for your review. This Declaration
was prof Bared to the City in June 1987 pursuant to Ordinance
No. 10307, passed an adopted on Second Reading on July 23,
1987, rezoning the referenced property form RG-2.1/3.3 to
RG-2.1/5
This declaration was given to insure that development
cmipatible with nearby properties would occur and it is with
this same intention that we are respectfully requesting the
following modification:
1. Permit a height of 48 feet (originally approved for 40 feet)
in order to allow for a m✓re compatible architectural solution.
Please consider that under the RG-2.1/5 zoning clasification
there exist no height limitation.
We thank you for your time and interest in this matter and ask you
to feel free to call us should you require any additional information.
Sincerely, cc: Mayor Xavier Suarez
/ Comm. Rosario Kennedy
�� Can. J.L. Plummer
Frl edddp noz, President~"" �-, Comm. Victor De Yurre
f-IQlen In,eCcmn. Miller Dawkins
fc7
i:•�� • •i �• r
This Declaration of Restrictive Covenants by ALF-LOREN INV'ESDOMi N.V.
("Owner), it favor or the City of Miami, Florida, a municipality within the
State of Floridn .
WI'PN LS S C7'11:
WHEREM, 111c+ Onjor 11oldu I.c:a-uinq)1e LILIc, to eurLa.iji lino arty in the Cily
of Miami, UaLc cal I bn-ida ("Uie Cily"), eunshklixj of lnU. 71) and 80 111 Block
56 of Flaglar as per the plat thereof which is recorded biI'lat Look 5, Page
44 of the Public R,eoords of Dade County, Florida (the property")I
WHOMe the owner is presently an applicant before the City of Miami
Lacing Board and the City of Miami Carmission for a change of sector classifi-
cation in the Official Zoning Atlas of the City of Miami, fram RG-2.1/3.3
(General Residential) to RG--2.1/5 (General Residential)i
WHEREAS, the Owner is doeirvus of making a binding camLitnwt to assure
that the Property slunll be developW in accordance with the provisions of this
Ia7W, ZMMW.FORL, the Owner voluntarily covenants and agrees that the
Property shall be subject to the following restricitons LhaL are intended and
shall be deemed to be Lvvenants running with the land binding upon the owner
of the Property, and its successors and assigns as follows:
A. The Owner excludes the northwesterly one foot or Uie property from
this zoning application.
S. Building Height Limitation. The heighL of buildings on the Property
shall not exceed 48 feet excluding any mechanical aril oyuiEmant penthouses,
elevator parapets and ornamental pediments.
C. Setback. The building shall set back 40' from the northwesterly
property line.
D. Andscape Plan. Prior to the issuance of a building permit on the
Property, Owner shall obtain approval of its 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
Owner shall also
be responsible
for the permamt rmintanance
of the land-
wapiM cn the Property.
- 1 -
.2.
%J F-5:��.
E. Local park Contribution. A contribution in t4amount of $5,000
ttthall be paid to the City of Miami prior to issuance of any certificate of
a=upw-icy for the Property which contriubtion shall be applied by the City
for the Park improvement Trust Fund for Child Care facilities.
F. Effective Date. TF the City amnission of the City approves the
Owner's pending alli1 tc:ation fnr an amendmit to Uje City of Miami Zoning Atlas,
and after said aliniival Nis L*-ccne fowl aiA non-appoalablo, this instrument
shell ccrstitut.e a
utivavint running with the 1.1-t1e to
t:ho nrolmrty
and bo find -
in upon the CWior,
Its suc vssnrs and assigns. These
rosi-ric:tinns
sluill lie
for the benefit and 11miLaUai upon all pru.Lu nl. and future, vwiors of the Prop -
arty and for the public welfare.
G. Amwxbmt and Modification. This inst u=t may be modified, amended,
or released as to any portion of the Property by a written instrummnt executed
by the then Owner of the fee -simple title to the land to be effected by such
modification, amendment or release providing that same has been approved by the
City of Miami Cmmission, after Public Hearing. Should this instrument be so
modified, amended or release, the Director of the City's Planning Department
or his successcn-, dual 1 exocute a written instrument in recordable form effect-
uating and acknowlockting suLb modification. nnxmidmont or release.
H. Term of covenant. This voluntary covenant on tho part of the Owner
shall remain in full force and effect aixi shall ire bindiix3 upon the Owner, its
successors aixi assigns for an initial rx,ricxl of thirty (30) years Fran the
date of this inst rum it is recorded in tho pulil is reccntlti .anti shall be automa-
tically extended For successive periods of ten (10) years thereafter unless
modified, amended or released prior to the expiration thereof.
I. In�tion and Enforcement. TL is undorstcxxl and agreed that any
official inspector or tho City of Miami may have the privilege at any time
during normal working hours, to determine whether the conditions of this
Declaration and the Zoning Orriinance are being ccmplied with. An enforcement
action brought by the City shall be by action at alw or in syuity against any
party or person violating or attempting to violate any coventants, 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.
-2-
�R-5y : �
4.
J. Oyonbility, Invalidation of any we of Ahucovenants by
jU*Wt of Cant &hall not affect any of the other provisions of this Dec-
laration, which shall remin in full force and 'effect.
K. R000rdin This Declaration shall be filed of record among the
Public Records of Grade County, Florida by tho Owner, tit the cost of the Owner,
and the original clot ivercx1 La the Chief or 11caring Boards Divisions Building and
Zoning Departrtient.s 27ri N. W. 2nd Street, Miami, within 90 days after final
approval by the City ciTtmission of the Ci.t.y of Miami.
IN' WI1WSSS Mv.1u.np, Lhu undersigned has set their hinds rind seals this
..�L.._..._ day of
I
Witnessoss
I kit, f r
J
MTE or LWIRI A
SS
COUNN OF GADC
The foregoing instrument -was acknowledyod bofor+e me this day
of 1988 b
Y.
ARY PUBLIC
Sago of Vlorida. rat large
My Ccnmission Expires
-3-
IJFF- 440p13326 '
E. Local Park Contribution A contribution in the aw mt of S5r000
shall be paid to the City of Miami prior to issuance of any certificate of
oacuparxy for the Property which contriubtion shall be applied by the City
for the Park Lnprovenent Trust Fund for Child Care facilities.
F. Effective Date. if the City Commission of the City approves the
Owner's pending allil ic:ation Fnr an amendment tn the City of Miami Zoning Atlas,
and after said aM.►ryvai lus become final and non -appealable, this instrument
shall crnstitute a v(rA nant running with the title to the Property and be find -
in upon the came► , it s sratif-ssnrs trod assigns. These rrst rirtinns shall be
for the benefit and I imitation upon al I pre.wnt and Cutury e*mers of the Prolr
erty and for the public welfare.
G. Am xinent and Modification. This instru nt may be modified, amended,
or released as to any portion of the Property by a written instrument executed
by the then Owner of the fee -simple title to the land to be effected 17e such
modification, amwxIment or release providing that same has been approved by the
City of Miami Commission, after Public Hearing. Should this instrument be so
modified, amwxW or release, Ure DiLuc Lor of the City's Planning Department
or his successor, shall execute a written instrument in recordable four, effect -
crating and acknowleclglnq such modification, amendment or release.
H. 'berm of Covenant. This volunr�iry the ►,srt of the Owner
shall remain in full force and effect and sha11 be bindbul ulnn the owner, its
successors and assfgne for an initial Wrio d of thirty (30) years frcxn the
date of this inst r une:nt is recorded in Ume l"A ic: rncc nh; and shall t)e autana-
tically extended for successive periods of ten (10) years thereafter unless
modified, amended or released prior to the expiration thereof.
I. lnapection and Enforcement. it is urxJerstcxxl and agreed that any
official inspector oC the city of Miami may N-ive the privilege at any time
during normal working hours, to determine whether the conditions of this
Declaration and the Zoning Ordinance are being ccrplied with. An enforcement
action brought by the city shall be by action at alw or in equity against any
party or person violating or attempting to violate any coventants, 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
enforc,-enent provision shall be in addition to any other remmedies available
under the law.
Isis? OCT -� 2= 2�+ l a
r i . 01- 1344UG3323
=AUI UN C' RWIZt MVE COLWWM
Zhia Declaration of Restrictive Covenants by ALF-LOM INVE DONM, N.V.
("Owner), in favor or the City of Miami, Florida, a municipality within the
State of Florida.
wI'rNESSET11:
WHERFAS, thr imier holds too-sinq)lc t i tl t! to certain prt,herty in the City
of Miami, State (l I' lctrida ("tile City") , Cutts t st ing of Ic)hi 711 and 80 in Block
56 of Flaglar as per the plat thereof which is recorded iit I'lat took 5, Page
41 of the Public Awords of Dade County, Florida (the property") t
the Owner is presently an applicant before the City of Miami
Zoning Board and the City of Miami Commission for a change of sector classif i-
cation in the Official Zoning Atlas of the City of Miami, from EC,-2.1/3.3
(Oeneral Residential) to RG-2.1/5 (General Pb sidential)1
f4fiRR M, the Owner is desirous of making a binding ccmdtmant to assure
that the Property shall be developed in accordance with the provisions of this
N.Claration?
NOW, 'I4FEF M, the Owner voluntarily covenants and agrees that the
Propairty shall be subject to the following restr icitons U-o t are intended and
shall be deened to be covenants running with the land bind i txl upon the owner
of the Pr.,perty, and its successors and assigns as follows:
A. 'fie Owner excludes the northwesterly one foot ()f the property from
this zoning application.
B. Building Hei t Limitation. 'Ibe height OI bui Idings an the Property
shall not exceed 40 feet excluding any mac t-untic;a I arvJ equipment penthmses,
elevator parapets and ornamental pediments.
C. Setback. 'fie building shall set back 40' Iran the northwesterly
property line.
D. landscape Plan. Prior to the issuance of a building permit on the -
property, Owner shall obtain approval of its landscape plan fran the City of
!!land Planning Departmsnt which plan shall reflect a landscape buffer with a
width of ten (10) feet along the northwestern boundary of the Property. The
Owner shall also be responsible for the permanent rraintwmice of the lard-
s aping on the Property.
- 1 -
riWbtl 4!a. Invalidation of arty' orbs of these covenants by
judgmt of Court shall not affect any of the other provisions of this Dec-
laration, which shall retain in full force and effect.
K. Rawrding. 'Phis Declaration shall be filed of record amcatq the
Public Records of Dade County, Florida by the owner, at the cost of the owner,
and the original dol iverecl Lo the Chief of hearing Hoards Division; Building and
Zoning Department; 275 N. W. 2nd Street, Miami, within 90 days after final
approval by the City c tinnission of the City of Miami.
rN WrINE.SS Wlli:R )nF, the undersigned has set their hinds and seals this
o? Sl day of l _ 1987.
v�
Witnesses:
.v � tiyL
a�COwE Ct,ut�rtCt`�Ub
• 0� 9 t vE�;FtEU
per(j. 9
• Ac"t9 p' $ 'at
STATE OF FIfJRIL1A ) �1CTr1 a.N C,PCl1�h
h SSSS
aOLW'Y OF DADE
The foregoing instr unent was acknowledcled before me this S" day
of _ 1987 by C7
My Commission Expires
'0'_0, -"R!C j7ifc ti
NOTARY PUBLIC n o C.
SU-ite of I'lorida At Ia';,
- 3 -
19S-sy;�
J-87-448
5/28/87
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 9500, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY CHANGING THE
ZONING CLASSIFICATION OF APPROXIMATELY 2100
BRICKELL AVENUE, MIAMI, FLORIDA, (MORE
PARTICULARLY DESCRIBED HEREIN) FROM RG-
2.1/3.3 GENERAL RESIDENTIAL TO RG-2.1/5
GENERAL RESIDENTIAL BY MAKING FINDINGS; AND
BY MAKING ALL THE NECESSARY CHANGES ON PAGE
NO. 37 OF SAID ZONING ATLAS MADE A PART OF
ORDINANCE NO. 9500 BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
WHEREAS, the Miami Zoning Board, at its meeting of
April 20, 1987, Item No. 2, following an advertised hearing,
adopted Resolution No. ZB 49-87, by a 9 to 0 vote, RECOMMENDING
APPROVAL of a change of zoning classification, as hereinafter set
forth; and
WHEREAS, the City Commission after careful consideration of
this matter deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to
grant this change of zoning classification as hereinafter set
forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Zoning Atlas of Ordinance No. 9500, the
zoning ordinance of the City of Miami, Florida, is hereby amended
by changing the zoning classification of approximately 2100
Brickell Avenue, Miami, Florida, more particularly described as
Lots 79 and 80, Block 56, Flagler (Mary Brickell) as recorded in
Plat Book 5 at Page 44 of the Public Records of Dade County,
Florida, from RG-2.1/3.3 General Residential to RG-2.1/5 General
Residential.
Section 2. It is hereby found that this zoning
classification change:
(a) Is in conformity with the adopted Miami Comprehensive
Neighborhood Plan;
(b) Is not contrary to the established land use pattern;
(c) Will not create an isolated district unrelated to
adjacent and nearby districts;
(d) Is not out of scale with the needs of the neighborhood
or the City=
(e) Will not materially alter the population density
pattern or increase or overtax the load on public
facilities such as schools, utilities, streets, etc.;
(f) Is necessary due to changed or changing conditions;
(g) Will not adversely influence living conditions in the
neighborhood;
(h) Will not create or excessively increase traffic
congestion or otherwise affect public safety;
(i) Will not create a drainage problem;
(j) Will not seriously reduce light and air to adjacent
area;
M Will not adversely affect property values in the
adjacent area;
(1) Will not be a deterrent to the improvement or
development of adjacent property in ' accord with
existing regulations;
(m) Will not constitute a grant of special privilege to an
individual owner as contrasted with protection of .the
public welfare.
Section 3. Page No. 37 of the Zoning Atlas, made a part of
Ordinance No. 9500 by reference and description in Article 3,
Section 300 of said Ordinance, is hereby amended to reflect the
changes made necessary by these amendments.
Section 4. All ordinances or parts of ordinances insofar as
they are inconsistent or in conflict with the provisions of this
ordinance are hereby repealed.
Section 5. If any section, part of section, paragraph,
clause, phrase, or word of this ordinance is declared invalid,
the remaining provisions of -this ordinance shall not be affected.
9
,a
` PASSED ON FIRST READING BY TITLE ONLY this __2..28th day of
Mav , 1997
PASSED AND ADOPTED ON SECOND AND FINAL READING 8Y TITLE ONLY
this 23rd day of July ___ , 1987:
ATTE
MATTY HIRAI 4.AIIER'L. 4FUAREZr Mayor
City Clerk
PREPARED AND APPROVED BY:
Y
G. MI RIAM MAER
Assistant City Attorney
APPROVED A$,#,"z-b FORM AND CORRECTNESS:
LUCIA A. =UGHERT
C&tj Attorney.
GMM/rcl/M171
-3-
Mr. Osvaldo Moran--Ribeaux offered the following
Resolution and moved its adoption.
RESOLUTION ZB.49-87
AFTER CONSIDERING THE FACTORS SET FORTH IN
SECTION 3509 OF ORDINANCE 9500, AS AMENDED,
THE ZONING BOARD ADOPTED RESOLUTION ZB 49-87
RECOMMENDING A CHANGE OF ZONING TO RG-2.1/5
GENERAL RESIDENTIAL IN THE OFFICIAL ZONING
ATLAS OF ORDINANCE 9500, AS AMENDED, FROM RG-
2.1/3.3 GENERAL RESIDENTIAL, FOR THE PROPERTY
LOCATED AT 2100 BRICKELL AVENUE ALSO
DESCRIBED AS LOTS 79 AND 80, BLOCK 56,
FLAGLER (MARY BRICKELL) (5-44) P.R.D.C.
Upon being seconded by Mr. Lorenzo Luaces, the motion
was passed and adopted by the following vote:
AYES: Ms. Basila and Morales
Messrs. Gort, Moran-Ribeaux, Sands,
Romero, Milian, Luaces and Barket
NAYES: None
ABSENT: Mayor ...
Ms. Fox: Motion carries 9 to 0.'
�48--59Xy > J
April 20, 1987, Item # 2
Zoning Board
• i te"
,4AIIANYY DEEDS 1105� 285 RAMCO FORM 34, •
FROM INDIVIDUAL YO COIPORATION 961 IAPR AN (I. pr
SIR ` 90GO
This �Uarranty Deed ,fade the 17th day of March A. D. 1981 by
ALFREDO MUNOZ VAZQUEZ, as Trustee and individually',
hereinafter called ilia grantor, to
ALF — LOREN INVESTMENTS N.V. Netherlands
a corporation existing under the laws of the State of Antilles with its peftmanent postollice
artdwss (it 2660 AmeriFirst Building - One S . E. 31d Ave. -Miami, Florida .
hereinafter called the grantee:
Nhrre%er u.ed hefts,, she terms ' crantur" and '¢rantee" include all the• parties to t,,u instrument and
the heirs, ieeal retire 'entativn and as, uena of sit drvsdust s, and the suceeswn and asstant �,i cornorationst
W'' itnesseth: That file yraniur, for and in consideration of the sum of S I NA and- other
valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, re-
mises, releases, conveys and confirms unto the grantee, all that certain land situate in Dade
County, Florida, viz:
Lots 70 and 80 in Block 56 of Flagler, according to the Plat thereof,
which is recorded in Plat Book 5 at Page 44 of the Public Records
of Dade County, Florida.
SUBJECT TO: A purchase money mortgage of even date in the original
principal amount of $206,000.00, payable in 20 equal quarterly
principal installments of $10,300.00, together with interest at
14.25% per annum on the unpaid principal balance recorded at
Book11003 Page 1615 , Conditions, restrictions, limitations and
easements of record, if any; applicable zoning ordinances and taxes
for the year 1981 and subsequent years, and liens for public
utilities. This statement shall not serve to reimpose conditions,
restrictions, or limitations which have been barred by operation
of law.
No documentary stamps are payable with regard to this deed because
there is no consideration involved in this conveyance. Grantor actir
as agent for Grantee purchased this property with funds of the
Gr to This property is not the homestead or residence of Grantor.
ioge�her ivith all the tenements, hereditamenis and appurtenances thereto belonging or in any-
";issi upNraiu;iibig. ' '
To liaue and to l{old, the same in fee simple forever.
find the grantor hereby covenants will& said grantee that the grantor is lawfully seized of said land
in fee simple; that cite grantor has good right and lawful authority to sell and convey said land; that the
grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of
all persons whomsuever; and that said land is free of all encumbrances, except taxes accruing subsequent
to December 31, 19 8 0
Of got
tioLolits
InffitnessUhereuf, llte said grantor has hereunto set his hand and seal Ilse day and year
first above written.
Signed. _ aled-.andlleliverel in our presence:
"—� Imo..
.....
STATE "FLORIDA', J
COUNTY OF DADE j
..
MU OZ VAZQtJ�"Z". .. _
..../'..ustee and iv' y
I HEREBY CERTIFY that on this'day, before me, an
officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared
ALFREDO MUNOZ VAZQUEZ, as Trustee and individually
to me known to be the person described in and who executed the foregoing instrument and he athnowledged
before me that he executed the same,
WITNESS my hand and official seal in the County and State last aforesaid this 17th . A.
of
t�,,11Y t s ��
March r . D. 19 81. l t,t,, ! . '� , /r ,
y
T/it's lus/rtialcul prcparctl Gy: MANUEL R. PIETRANTONI, ESQ,
Atldresr 26 60 AmeriFirst Bldg., One S.E. Third Avee:r''
Miami, Florida 33131 t� ''
�FFda
'': ,2 a � l..
t�+!W
I!?sw(1 E fires, V. IY84
TSot Ita><hd
t
4
*tatc
�
f�C
Epparttunt of State
I certify from the records of this office that ALF-LOREM
INVESTMENTS N.V., an Alien business organization has
designated ALFREDO MUNOZ, locatee at 26 PALERMO, CORAL
GABLES, FL., 33149, as agent to accept Service of Process,
pursuant to Section 607.325, Florida Statutes, filed on
September 30, 1985, as shown by the records of this
office.
The document number for this entity is Q10296.
gibett unber mp hanb anb the
dreat *eat of the estate of ,gloriba,
at Tallahaggee, the Capital, thig the
8th bap of September, 1987.
.
Jim Smith
Setretarq of State
CR2E022 (10-85)
HCH, ci nCdn n
all
A
This Modification of Declaration of Restrictive Covenants
made this day of September, 1988, by ALF-LOREN INVESTMENTS
N.V., a Netherland Antilles Corporation (Owner), is in favor of
the City of Miami, Florida, a municipality located within the
State of Florida,
WITNESSETH
WHEREAS, the Owner holds fee -simple title to certain
Property in the City of Miami, State of Florida (the "City"),
consisting of Lots 79 and 80 in Block 56 of FLAGLER, according
to the Plat thereof, recorded in Plat Book 5, Page 44 of the
Public Records of Dade County, Florida (the "Property"); and
WHEREAS, the Owner did on June 25, 1987 execute a
Declaration of Restrictive Covenants in favor of the City of
Miami, Florida, recorded in Official Records Book 13440, at Page
3325 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 13440, at Page
3325 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 48 feet
excluding any mechanical and equipment
penthouses, elevator parapets and ornamental
pediments.
B. Satellite dish. Owner will pay up to twelve
thousand ($12,000.00) dollars to correct
satellite dish television reception of 2000
Brickell Avenue, Miami, Florida, if, and only if,
the structure to be aonstructed on the subject
property interferes with television reception of
2000 Brickell Avenue, Miami, Florida, and said
satellite dish legally complies with the City of
Miami Building and Zoning Ordinance.
C. Time constraint. Owner will commence
construction on the property within one (1) year
of the execution of this Modification of
Declaration of Restrictive Covenants.
D. Effective date. If the City of Miami Commission
approves the Owner's pending application for an
amendment to the City of Miami Zoning Atlas, and
after said approval has become final and
nonappealable, this instrument shall constitute a
covenant running with the title to the Property
and be binding upon Owner, its successors and
assigns. These restrictions shall be for the
benefit and limitation upon all present and
fdWre owners of the Property and for the public
welfare.
16
This Modification of Declaration of Restrictive Covenants
made this day of September, 1988, by ALF-LOREN INVESTMENTS
N.V., a Netherland Antilles Corporation (Owner), is in favor of
the City of Miami, Florida, a municipality located within the
State of Florida.
WITNESSETH
WHEREAS, the Owner holds fee -simple title to certain
Property in the City of Miami, State of Florida (the "City"),
consisting of Lots 79 and 80 in Block 56 of FLAGLER, according
to the Plat thereof, recorded in Plat Book 5, Page 44 of the
Public Records of Dade County, Florida (the "Property"); and
WHEREAS, the Owner did on June 25, 1987 execute a
Declaration of Restrictive Covenants in favor of the City of
Miami, Florida, recorded in Official Records Book 13440, at Page
3325 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 13440, at Page
3325 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 48 feet
excluding any mechanical and equipment
penthouses, elevator parapets and ornamental
pediments.
B. Satellite dish. Owner will pay up to twelve
thousand ($12,000.00) dollars to correct
satellite dish television reception of 2000
Brickell Avenue, Miami, Florida, if, and only if,
the structure to be constructed on the subject
property interferes with television reception of
2000 Brickell Avenue, Miami, Florida, and said
satellite dish legally complies with the City of
Miami Building and Zoning Ordinance.
C. Time Constraint. Owner will commence
construction on the property within one (1) year
of the execution of this Modification of
Declaration of Restrictive Covenants.
D. Effective date. If the City of Miami Commission
approves the Owner's pending application for an
amendment to the City of Miami Zoning Atlas, and
after said approval has become final and
nonappealable, this instrument shall constitute a
covenant running with the title to the Property
and be binding upon Owner, its successors and
assigns. These restrictions shall be for the
benefit and limitation upon all present and
fdGare owners of the Property and for the public
welfare.
E]
E. Recording. 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 Owner, and the original delivered to
the Chief of Hearing Boards Division; 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.
E. OTHER PROVISIONS:
(i) Except as modified herein, all other terms,
conditions and obligations set forth in that
certain Declaration of Restrictive Covenants in
favor of the City of Miami, Florida, recorded in
Official Records Book 13440, at Page 3325 of the
Public Records of Dade County, Florida, shall
remain in full force and effect and shall be
fully complied with.
(ii) Notwithstanding anything to the contrary,
in the event Owner is unable to comply with the
time restraint noted in paragraph "C", above, the
parties hereto agree that this Modification of
Restrictive Covenants shall be null and void and
the Declaration of Restrictive Covenants in favor
of the City of Miami, Florida, recorded in
Official Records Book 13440, at Page 3325 of the
Public Records of Dade County, Florida, shall
remain in full force and effect as if this
Modification of Declaration of Restrictive
Covenants was never executed.
IN WITNESS WHEREOF, the undersigned have set their
hands and seals this -:j`� day of September, 1988.
WITNESSES:
k-L Wr-3 ��L���r;.�
WITNESSES:
E0 AS TO FOU
NPAND CORRECTNESS.
JO E FERI�ANDEZ �i�'
City Atborn y, City of Miami
ALF LOREN INVESTMENTS N.V., a
Netherland Antilles Corporation
�l f redo Mun
CITY OF MIAMI, a municipality
within the State of Florida
Yof City Planning Dept.
Ath
i ,... - it
A. � F� U �' F� Lj:lti:� _ is L
COUNTY QF L-AD1.-
8tf c-r t? me 4)e :ii3 aers y,ieci aL: 11C'i: i -Lt
Y�t� f�FbO 14UNnc, Prealdrz :t. of ALIT La;tL*_sl INVEST,. NTS N♦V j a
,40-t:herlard Aa tliles well kri iVin to b isin
1:a!'s l". descrized ir: and -.o;iiQ s:<ecutad the forego .I'1"; .inst ufteilt
and Who acknowledge to and before pie -Bat he execut Rd said
instrument under oath, and for the pu popes therein expzes od.
SWORN TO AND SUZ SCRIBED bef or n "ue this �day Of
September, ].) is 8 .
i'�)!��t,4z
11y gRjWk,ssion Expires:
LIC STAIE or rtoow
MY COMMISSION Erp. Apo
eoMOEO, tMRn _
STATE OF FLORID.
COUNTY OF DADE
Before me, the undersigned authority. personally
appeared:oo17obge/G-ve Z Director, City Planning
Department, to me well known to be the person described i:i and
who executed the foregoing instrument and who acknowledge to and
be:ore ire tkat he executed said instrument under oath. and for
the purpcses therein expressed.
SWORN TO AND SUBSCRIBED before _ ' me- "his _/s% d: y of
1y88. �
i
My Commission. Expires:
Notary Public State of i:lorida
--Mpfbrmmssron"rxp-itpr.3v; ----
1990 Bonded thru General
Ins. Und.
r�LFLC}�E1�/Z,�liTiiV (i�,•;"1 C'::i;iL ;
Ath
RESOLUTIny No, 88-59,'
A RESOLUTION APPROVING AN AMENDMENT TO THE
DECLARATION OF RESTRICTIVE COVENANTS RUNNING
WITS THE LAND DATED DUNE 25, 1981, AND
RECORDED IN OFFICIAL RECORDS BOOK 13440, FAGE
3327, PUBLIC RECORDS OF DADE COUNTY, FLORIDA,
FOR THE PROPERTY OWNED BY ALF-LOREN
INVESTMENTS, N. V. AND LOCATED AT
APPROXIMATELY 2100 BRICKELL AVENUE, (MORE
PARTICULARLY DESCRIBED HEREIN) TO PERMIT A
MAXIMUM HEIGHT OF 48 FEET FOR BUILDINGS •ON
THE PROPERTY IN ORDER TO ALLOW FOR A MORE
COMPATIBLE ARCHITECTURAL SOLUTION, SUBJECT TO
RECEIPT BY CITY OF A RECORDABLE INSTRUMENT IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY.
WHEREAS, one June 25, 1987, the City Commission accepted a
Ni
Declaration of Restrictions (the "Covenant") which, among other
limitations, restricted the height of buildings on the property
located at approximately 2100 Brickell Avenue, legally described
as L:rts 7^, and 80, Block 56, FLAGLER (MARY BRICKELL), Plat Book 5
at Page •44, Public Records of Dade Countv,' Florida, (the
"Property") to a maximum of .40 feet, which covenant, (a copy of
which is attached hereto), is recorded in Official Records Book
13440 at Page 3327, Public Records of Dade County, Florida; 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, the property owners have requested that Paragraph B
of the Covenant be amended to provide that the height of
buildings on the Property shall not exceed 48 feet in order to
allow for a more compatible architectural solution; 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;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. An amendment to Paragraph B of the Covenant
recorded in Official Records Book 13440 at Page 3327, Public
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—;::;C A 'L7-;U-U!Va Z' ;-Ltt ::&y ruis;.ayne, Florida j3149/301-0.oi
May 25, 1988
Ms. Gloria Fox
City of Miami, Zoning Ibaring Boards
275 N.W. 2nd Street, Second Floor
Miami, Florida 33130 z c�
Re: Voluntary Declaration of Restrictions on o
lot 79 & 80, Block 56 of Flagler P.B. 5
Pg. 44, public records of Dade County, Florida.
Ordinance No. 10307 July 23, 1987. o =3
2100 Stickel Avenue► Miami, Florida
IZA
N '—
Dear Ms. Flmc,
Please acew t this Letter as a request for a modification of
the voluntary declaration of restrictions referenced above, a
copy of which is attached for your review. This Declaration
was proffered to the city in Jtuw 1987 pursuant to ordinance
No. 10307, passed an adopted on Second Reading on July 23,
1987, rezoning the referenced property fawn RG-2.1/3.3 to
RG-2.1/5
This declaration was given to insure that development
compatible with nearby properties wvuld occur and it is with
this same intention that we are respectfully requesting the
following modification:
1. Peaait a height of 48 feet (originally approved for 40 feet)
in order to allow for a more canpatib;e architectural solution.
Please consider that under the RG-2.1/5 zoning clasificaticn
there exist no height limitation.
'ode thank you for your tine and interest in this ratter and ask you
to feel free to call us should you require any additional information.
Sincerely,
Prl edd� Presi
tfIdi�en
- 1 -
cc: Mayor Xavier Suarez
Comm. Rosario Kennedy
Comm. J.L. Plummer
Comm. Victor De Yurre
C of m. Miller Dawkins
gory coMMISSION AGENDA
urrliNG DATE June 23, 1958
THIS ITEM
AFTER
6:00 PM
Pt-36. RESOLUTION - (J-U-362) - MODIFICATION OF COVENANT
APPLICANT S)/OVNER(S): Leonard A. Ralby
2616 SW 28 St
PROPERTY ADDRESS(ES) : 2606, 2612, 2620 6 2630
Sr 26 St
PETITION : 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.
Rsiby and Ralby-Allen Real Estate Partnership
and located at approximately 2606, 2612, 2620
and 2630 SW 28 Street (more particularly
described herein), to the requirement for a
five foot (51) 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 sha'1 Orly becone operative if a
pending request for zoning variance is denied.
Date(s) Continued : May 19, 1986
THIS ITEM
AFTER
5:00 PM
P2.39. RESOLUTION - (J-88-578) - MODIFICATION OF COVENANT
APPLICANTS)/OMNER(S):
PROPERTY ADDRESS(ES) :
Alfredo Munoz, President
Alf -Loren Investments
251 Crandon Blvd
Suite 133
Key Biscayne
2100 Brickell Ave
PETITION : A resolution approving an
amendment to the Declaration of Restrictive
Covenants running with the land dated June 25,
19B7, and recorded in official records book
13440. page 3327, Public Records of Dade
County, Florida. for the property owned by
Alf -Loren Investments, M.Y. and located at
approximately 2100 Brickell Avenue (more
particularly described herein). to permit a
maximum height of 48 feet for buildings on the
property in order to allow for a more
compatible architectural solution. subject to
receipt by City of a recordable instrument in
a form acceptable to the City Attorney.
PAGE NO 21
CONTINUED TO
JULY 21, 1988
MOVED: DAWKINS
SECONDED: DE YURRE
ABSENT: PLUMMER
R-88-592
MOVED: DE YURRE
SECONDED: DAWKINS
UNANIMOUS
1987 cc A ,1 2. 24 7 j
1.. AEC I3440�G33Z5
I&HRU N or REM RIC rm QRD100
This Declaration of PAstrictive Co%nu* nts by ALF-LOM INVE MMENTS, N.V.
("Ownsr), in favor or the City of Miami, Florida, a ninicipality within the
State of Florida.
W I T N E S S C T II:
WHEREAS, thr (mier hoods Cce-sinQ:)le ti tic: to corta ijf property in the Ci ly
of Miami, Static of iP lc)ricta ("thc Cily") , c.unaiuLing of lti*l u 711 and 80 L: Block
56 of Fl.aglar as per the plat thereof which is recorded in flat Lkx* 5, Page
44 of the Public Facords of Diode County, Florida (the property");
WKMU, the owner is presently an applicant before the City of Miami
Zoning DaLM and the City of Miami Cannission for a change of sector classifi-
cation in the Official Zoning Atlas of the City of Miami, from AG-2.1/3.3
(General Eieei&mtial) to RG -2.1/ 5 (General P�sidsntial )1
W ZFMO, the owner is desirous of making a binding cc urdtment to assure
that the Property shall be developed in accordance with the previsions of this
Decl3rat.tonl
NW# SORE, the owner voluntarily covenants and agrees that the
Proparty shall be subject to the following restricitcne that. are intended and
shall be deawd to be covenants running with the land bindiml upon the owner
of the Property, and its successors and assigns as. follows:
A. Ttie Owner excludes the northwesterly one foot (if the property fran
this zoning application.
S. E'ktilding Height Limitation. 711e height of buildings on the Property
shall not mu sed 40 feet excluding any n=hin tiica 1 arKi a4uiEment penthouses,
f
elevator parspet:s and ornamental pediments. )
C. Setback. The building shall set back 40' f ran the northwesterly
Party line.
D. Landscape Plan. Prior to the issuance of a building permit on the-
P=puty, Owner shall obtain approval of its landscape plan Fran the City of
Miami Plarvtinq Depurtum t t+iliich plan shall reflect a landscape buffer with a
width of ten (10) feet along the northwestern boundary of the Property. Tate
Owner shall also be responsible for the permanent mintwvuioe of the Land-
scaping on the Property.
- 1 -
E Looal Park Contribution. A contribution in the amamt of S5r000
shall be paid to the City of Miami prior to issuance of any certificate of
occupancy for the Property which ocntriubtion shall be applied by the City
for the Park Improvement Trust Pond for gild Care facilities.
F. Effective Date. if the City Crxrmission of the City approves the
Owner's pending alq►1 ication for an amenckrnt tn Lhe City of Miami Zoning Atlas,
and after said aF4.)rrval has Wc-tme final and non -appealable, this instvar nt
shall constitute a utrve rant running with 11ic title to the Property and be find -
in upon the Clwner , I Is stir.-L"ssnrs ,ind assigns, These mst rict-inns shall be
for the benef i.t and I imitation upon .111 pres(AA and fut-uru timers of the Protr
erty and for the public welfare.
f_
G. Ama'Yinent and Modification. This instnrrnnt may be modified, amended,
or released as to any portion of the Property by a written instrument mcecuted
0
by the then Owner of the fee -simple title to the land to be effected 17y such
modification, amendment or release providing that same has been approved by the
City of Miami Commission, after Public Hearing. Should this instrument be so
modified, amended or release, the Director of the City's Planning Department
or his sucvessor, surill execute a written instrM=t in recordable form effect-
uating and acknowlelyinq such modification, nmend wt or release.
H. Tern of covenant. This voluntary covenant on the part of the Owner
shall retain in Full force and effect and shaL1 Lie binding ulnn the Owner, its
successors and assigns For an initial Wri(xl nr thirty (30) years frrin the
date of this instrument is recorded in Uic pul.)l is rncords and shall be autan3-
tically extended for successive periods of ten (10) years thereafter unless
modified, amw.nded or released prior to the expiration thereof.
1.
I_nN=tion and Enforcement.
t t
Ls understxxxl and agreed that any
official
inspector of L•he city of Miami
my
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 enfomviment
action brought by the City shall be by action at alw or in equity against any
party or person violating or attempting to violate any coventants, 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
enforcwent provision shall be in addition to any other remedies available
under the law.
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kEC,1;�440 2331
�> J. Wgab4llty• Immlidaticn of "cane of these cwwwts by
judgwt of Court shall not affect any of the other provisions of this Dec- '
laraticn, which shall re, in in full force and effect.
K. Warding. This Declaration shall be filed of record among the
Public Records of Dade County, Florida by the owner, at the cost of the owner,
end the original del ivcrrxcl Lo the Chief of Roaring Boards Division; Building and
Zoning Depaarbmnt; 275 N. W. 2r,d Street, Miami, within 90 days after final
approval by the City Commission of the City of Miami.
rN WI7KE:SS MILI.Pi-nP, the undersigned hos set their hinds and soal'- this
S day of , 1987.
Witnesses e
By
ZIA
IR
Ofr1C1�1 RV�
aua$
ago"OE"Zo. MOM*
SECO" VERIrIQO
STATE OF MUM) g1CIJP&* 'iS C�nEi++ RI
Ss C.�K
GOER Y OF MADE )
The foregoing instnmv-nt was.acknowlodc ad before me this S J-Ut day
of _ 1987 byz L� M t) A10 z - -
My Camtissim Expires
NDTARY PUBLIC
t
Stato of Vlorida A
• �- r .
S01DE� rqy� 6ft�:Al lws. UMp
-3-
J�88�5�r8
6/6/88
RESOLUTION NO,
A RESOLUTION APPROVING AN AMENDMENT TO THE
DECLARATION OF RESTRICTIVE COVENANTS RUNNING
WITH THE LAND DATED JUNE 25, 1987, AND
RECORDED IN OFFICIAL RECORDS BOOK 13440, PAGE
3327, PUBLIC RECORDS OF DADE COUNTY, FLORIDA,
FOR THE PROPERTY OWNED BY ALF-LOREN
INVESTMENTS, N. V. AND LOCATED AT
APPROXIMATELY 2100 BRICKELL AVENUE, (MORE
PARTICULARLY DESCRIBED HEREIN) TO PERMIT A
MAXIMUM HEIGHT OF 48 FEET FOR BUILDINGS - ON
THE PROPERTY IN ORDER TO ALLOW FOR A MORE
COMPATIBLE ARCHITECTURAL SOLUTION, SUBJECT TO
RECEIPT BY CITY OF A RECORDABLE INSTRUMENT IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY.
WHEREAS, on June 25, 1987, the City Commission accepted a
Declaration of Restrictions (the "Covenant") which, among other
limitations, restricted the height of buildings on the property
located at approximately 2100 Brickell Avenue, legally described
as Lots 7; and 80, Block 56, FLAGLER (MARY BRICKELL), Plat Book 5
at Page -44, Public Records of Dade County, Florida, (the
"Property") to a maximum of 40 feet, which covenant, (a copy of
which is attached hereto), is recorded in Official Records Book
13440 at Page 3327, Public Records of Dade County, Florida; 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, the property owners have requested that Paragraph B
of the Covenant be amended to provide that the height of
buildings on the Property shall not exceed 48 feet in order to
allow for a more compatible architectural solution; 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;
6/6/88
RESOLUTION NO. ±'"! .•tS F
A RESOLUTION APPROVING AN AMENDMENT TO THE
DECLARATION OF RESTRICTIVE COVENANTS RUNNING
WITH THE LAND DATED JUNE 25, 1987, AND
(' RECORDED IN OFFICIAL RECORDS BOOK 13440, PAGE
f 3327, PUBLIC RECORDS OF DADE COUNTY, FLORIDA,
FOR THE PROPERTY OWNED BY ALF-LOREN
j; INVESTMENTS, N. VAND LOCATED AT
i APPROXIMATELY 2100 BRICKELL AVENUE, (MORE
j PARTICULARLY DESCRIBED HEREIN) TO PERMIT A
` MAXIMUM HEIGHT OF 48 FEET FOR BUILDINGS - ON
THE PROPERTY IN ORDER TO ALLOW FOR A MORE
COMPATIBLE ARCHITECTURAL SOLUTION, SUBJECT TO
RECEIPT BY CITY OF A RECORDABLE INSTRUMENT IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY.
WHEREAS, on June 25, 1987, the City Commission accepted a
Declaration of Restrictions (the "Covenant") which, among other
limitations, restricted the height of buildings on the Arooerty
located at approximately 2100 Brickell Avenue, legally described
Q io ro-1.a " and 80, Block 56, FLAGLER (MARY BRICKELL), Plat Book 5
at Page •44, Public Records of Dade County, Florida, (the
"Property") to a maximum of 40 feet, which covenant, (a copy of
which is attached hereto), is recorded in Official Records Book
13440 at Page 3327, Public Records of Dade County, Florida; 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, the property owners have requested that Paragraph B
of the Covenant be amended to provide that the height of
buildings on the Property shall not exceed 48 feet in order to
allow for a more compatible architectural solution; 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;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. An amendment to Paragraph B of the Covenant
recorded in Official Records Book 13440 at Page 3327, Public
r
keebrds of bade County, Plorida► entered into on 3uhe 25, 1987,
to provide that the height of buildings on the PrOPettV shall not
-exceed 48 feet it hereby approved# subjedt to reCei0t by City Of
a recordable ihAtri1Meht in a forty aCt6Ptable to the City
Attorneys
PASSED AND ADOPTED this day of
ATTEST:
MATTY HIRAIP City Clerk
PREPARED AND APPROVED BY:
G.--AIRIAM MAER
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
JORfE L. VERNANDEZ
Citv Attorneyj
GMM/rcl/M724
XAVIER L. SUAREZ, MAYOR
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