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Home My WebLink AboutM-88-0101,.:.. ~,,w.,:~-.~ - -- Z~ ~s `~ ~y DB~CLARATION OF RESTRICTIYB COVSpANTS This Declaration of Restrictive Covenants by CONSIGNMENT AUTO SALES, INC., 2323 N.W. 36th Street Florida 3312 t"Owner''), in favor of the City of Miami, Florida a municipality within the State of Florida.'~~•~, ~' • ~ , W I T N E S S B T Rt WHEREAS, the owner holds fee-simple ~le certain pro- J V~~ petty in the City of Miami, State of Florida I"The City"), con- sisting of Lots 10-13 in B1ocK 8 of GARDEN CITY as per the Plat thereof which is recorded fn Plat Book 5, at Page 73 of the Public Records of Dade County, Florida ("The Property"). WHEREAS, the owner is presently an applicant before the City of Miami Commission for a change of sector classification in the Official Zoning Atlas of the City of Miami, from RG Z/4 to CG 1/7. WHEREAS, the owner is presently an applicant before the _ City of Miami Commission for a change of plan designation for the subject property in the Miami Comprehensive Neighborhood Plan (September 1985), as amended from Moderate Density Residential to General Commercial. WHEREAS, the owner is desirous of making a binding com- mitment to assure that the Property shall be developed in actor- = dance with the provisions of this Declaration - NOW THEREFORE, the owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be denied to be covenants running witb the land binding upon the ownei of the Property, and its suc- cessors and assigns as follows: (a) The owner will construct nn th~Pronerty an eight (8'1 foot concrete wall and provide landscaping adjacent to the - wall. Said construction and landscaping subject to Planning Department approval prior to issuance of a building permit. (b) No ingress or egress will be permitted to or from N.W. 23rd Avenue. ~`~"~ ~ ~ 1 -- _ R! C~ f±ffective Date. If the City Commission of the City approves the owner's pending application for an amendment to the City of Miami Zoning ~-tlas and the Comprehensive Neighborhood plan, and after said approval has become final and non-appealable, this instrument shall constitute a covenant runinq with the title to the Property and be binding upon the Owner, its successors and assigns. These restrictons shall be for the benefit and limitation upon all present and future owners of the Property and for the public welfare. D. Amendment and Modification. This Instrument may be modified, amended or released as to any portion of the Property by a written instrument executed by the then owner of the fee-simple title to the land to be effected by such modification, amendment or release providing that the 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 successor, shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment or release. E. Term of Covenant This voluntary covenant on the part of the owner shall remain in full force and effect and shall be binding upon the owner, its successors and assigns, for an initial period of thirty (30) years from the date this instrument is recorded in the public records and shall be automatically extended for successive periods of ten (10) years thereafter unless modified, amended or released prior to the expiration thereof. ~~ ,~ F. It is understood and agreed that any official inspector- r~ of the City of Miami may have the at any time bur ng normal working hours, to determine whether the conditions of this Declaration and the Zoning Ordin ce are being complied with. An ~~ V~ enfprcement action may be brough by pro rty ownar wning property J VM Y..tYM Vi/~Y.rfM r~r~~~ Ti with n three hundred and seventy-f iv feet (375') f the Property or ,6 .,....,.,.........-..._...._......Y........._,........,............-.,..,-....... the Cit shall be by action at law or sp equity ainst any party person iolating ttempts g to violatl any c enants, eith to restra'n violations or to ..over damagesa The prevails l ~ 2 - \ CJi'~ ~ ,, • ~ y ~ r ' party in the action or suit shall be entitled to recover costs and ~! resonable attorney's fees. This enforcement provision shall be in j f addition to any other ce~i ies available under the law. ~ P~°a~ ~, G. Severabiiity Invalidation of any one of these cove- ~j~M pants by judgment of Court shall not affect any of the other pro- ' visions of this Declaration, which shall remain in full force and effe YOUIGiI,d ~ G1Ue~ InV ,M '~ ,~.,G~i~ ~ 4Q,u ~,y gU9+U~co~ ~U {' "'~A t~'t ~n~re~ ~ Ql. ~~ l~av ~1~'~r ~ H. Recording ~ This 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. and seals IN WITNESS WHEREOF t e undersigned has set this ~ day of , 1988. wITNEs ADn their hands ~, i t t t ~-11 ~-~ WITNE s~c,- ~ STATE OP FLORIDA) S3s COUNTY OF DADS ) J Theme orego' instrument was acknowledged before me i this ~~ day of L , 1988. wc-..r~- wort. Sir ~ itnefd~ at Ueyw lily Cannav~ E~+rr Jan. ?O, ~ SNt Gael ~ ~~ ~~ ~+~- NO P BL ~~_ !!y Commission Expires: ,~ ~ ~ c ~ 0~+°'~ ~~ ~~ I ~. '. ~e whether the conditions of this Declaration are being com- plied with. An enforcement action may be brought by the City or by any property owner within 375 feet of the Property and shall be by action at law or in equity against any party or person violating or attempting to violate any covenants. either to restrain violations or to recover damages. The prevailing party in the action or suit shall be entitled to recover costs and reasonable attorneys fees. This enforcement provision shall be in addition to any other remedies available under the law. M. Seve~abilit invalidation of any one of these cove- nants by judgment of Court shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect, provided, however, that such invalidation may be grounds for the City to amend the zoning and/or land-use regula- tions applicable to the Property. N. According. This Declaration shall be filed of record among the Public Records of Dade County, Florida, at the cost of the Owners. IN WITNESS WSEREOF, the undersigned have set their hands and seals this ~ day of ,_, 1988. witnesses: Florida corporation ZNC., a By• (SEAL) - 4 - S~ i Ih OF FLORIDA ) ) SS: OF OADE ) Before tms, the undersigned authority, personally a , the of Inc., who acknowledged on this _„_ day of 1988 that he had the authority to execute the foregoing instrument fori4 the purposes expressed therein. ~ NOTARY PtJHLIC State of Florida At Large !iy Co~nission Espises: ._ JORGE RODRIGUEZ STATE OF FLORIDA SS: COQNTY OF DADS ) Before me, the. undersigned authority, personally appeared and acknowledged on this day of , 1988, that he executed the foregoing instrument fos the purposes expressed therein. My Commission Expires: NOTARY PUBLIC State of Florida At Large r~- 'f ~~~• 5 i i f