HomeMy WebLinkAboutR-84-1494R
J-84-1218
12/4/84
RESOLUTION NO. 84-1494
A RESOLUTION APPROVING AN AMENDMENT TO THE
DECLARATION OF RESTRICTIVE COVENANTS RUNNING
WITH THE LAND DATED JANUARY 6, 1983, FOR THE
PROPERTY LOCATED AT 4000-40-50 WEST FLAGLER
STREET AND APPROXIMATELY 10 SOUTHWEST 40TH
AVENUE (MORE PARTICULARLY DESCRIBED HEREIN),
TO PERMIT A COMMERCIAL BANKING INSTITUTION
PURSUANT TO PLANS ON E'ILE WITH THE CITY
PLANNING DEPARTMENT.
WHEREAS, on January 13, 1983, the City Commission accepted a
declaration of retrictive covenants (the "Covenant") restricting
the use of the property located at 4000-40-50 West Flagler Street
and approximately 10 Southwest 40th Avenue, (the "Property") to
office use only; and
WHEREAS, the Covenant provides that it may be released,
modified or amended by a written instrument approved at a public
hearing; and
WHEREAS, the property owners have requested that the
Covenant be amended to permit a commercial banking institution on
the Property which would result in a reduction in the size of the
approved building from 7 stories to 4 stories and a reduction in
square footage from 70000 square feet to 30000 square feet; and
WHEREAS, the City Commission has determined that it is in
the best interest 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. The amendment to the Covenant entered into
on January 6, 1983, (a copy of which is attached hereto) to allow
a commercial banking facility as per plans on file with a
reduction in height from 7 stories to 4 stories and a reduction
in square footage from 70000 square feet to 30000 square feet for
the Property located at 4000-40-50 West Flagler Street and
approximately 10 Southwest 40th Avenue, legally described as
Lots 4,
5,
6, 7 and the North
14 feet of Lot 8, STADLER GROVE
( 9-187 )
is
hereby approved.
CITY COMMISSION
MEETING OF
DEC —149
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PASSED AND ADOPTED this 2_0 _ day of December , 1984.
T:
/--� an
LPH G. ONGIE
C y Clerk
PREPARED AND APPROVED BY:
%Uf` m TA n o A
G. MIRIAM MAER -`�A
Assistant City Attorney
APPROVED
". - V V V
City Attorney
GMM/wpc/pb/370
Maurice A. Ferre
MAURICE A. FERRE, MAYOR
CORRECTNESS:
-2-
84-1494
ion
ZITY ':�F MIAMI. �=1.9Z10A
i�crz:2-VFr=1c:: ;AEMORANOUM
ro Howard V. Gary OAre December 5, 1984 FILE:
Cit Manager _
SUBJECT: RESOLUTION
MODIFICATION OF COVENANT
4000-40-50 WEST FLAGLER STREET
Aur - ne APPROXIMATELY 10 SW 40 AVENUE
°" Director IE�e�s:,css:
Planning and Zoning Boards �NCLo�uREs. COMMISSION .AGENDA - DECEMBER 20, 1984
Administration Department PLANNING AND ZONING ITEMS
Consideration of approving an amendment to the Declaration --of Restrictive
Covenants running with the land dated January 6, 1983, for the property located
at 4000-40-50 West Flagler Street and approximately 10 SW 40 Avenue, also
described as Lots-4 through 7 and the N 14' of Lot 8, STADLER GROVE (9-187), to
permit a commercial banking institution pursuant to plans on file.with the City
Planning Department.
Backup information is included for your review.
A RESOLUTION to provide for the above has been prepared by the City Attorney's
Office and submitted for consideration of the City Commission.
AEPL:111
cc: Law Department
S41-4 94
1
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goo ON
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ZONING FACT SHEET
LOCATION/LEGAL 10 SW 40th Avenue
Lot 7 and the N 141 of Lot 8
Block 2
STADLER GROVE (9-187)
and
Approximately 4000 W. Flagler Street
• Lots 4, 5 and 6
Block 2
STADLER Grove (9-187)
• OWNER/APPLICANT Lester G. Kates,as trustee for the
certain land trust agreement -110 dated 4-1-82.
1647 SW 27th Avenue
Miami, Florida Phone #854-2643
Harvey Ruvin
(Attorney for Applicant)
100 N. Biscayne Blvd, loth floor
Miami, Florida 33132 Phone #579-5076
371-1400
ZONING R-1 (One Family Dwelling).
and
C-2 (Community Commercial).
REQUEST Conditional Use to permit an open'parking lot
for the parking of private passenger vehicles
�. on above site, as per plans on file, as an
accessory use to the office building located
on lots 5, 6 and 7, Block 2, STADLER GROVE (9-187);
said Conditional Use parking lot to provide 26
off-street parking spaces. This Conditional Use
petition in conjunction with a Variance application
for a•waiver of parking.
and -
Variance to permit construction of an office
building on above site, as per plans on file,
providing 49 of 68 required off-street parking
spaces. This .Variance petition in conjunction
with a Conditional Use application for off-street
parking.
RECOMMENDATIONS
84-IL494
-,s �i.:tl�vwri�'•�.wr,�i• ...s::..^*:�:weir:•.u.�'�.'.::.��.�..��•:•�it�"^::;G:.�irti4�=�:w. ;�"'-rs•�.� s;;
y`
''a •'c etc, 3
PLANNING DEPARTMENT DENIAL. As the subject residential site is to be
use3'for required off-street parking of the adjacent
commercial development the request is tantamount to
a rezoning of the property. The intent of conditional
use parking is to provide for needed excess parking
and/or relief for existing establishments that do not
provide for off-street parking, with a minimum
impact on the surrounding community.
PUBLIC WORKS No dedication is requested.
PLANNING DEPT. APPROVAL OF CONDITIONAL USE PARKING. The intent of
UPDATE 3/14/83 conditional use parking is to provide for needed
• excess parking and/or relief for existing establishments
that do not provide for off-street parking, with a
minimum impact on the surrounding community.
DENIAL OF VARIANCE. There is no hardship to justifyt
the requested variance. The use of the adjacent ,
property for the required parking is tantamount to {
the rezoning of that property.
ZONI`!G BOARD This item was deferred from the meeting of February'14, 1983.
ZONING BOARD At its meeting of 7/11/83 , the Zoning Board adopted Resolution
ZB 121-83 & 122-83 by an 5-0 vote granted subject to
conditions.
10
84-1494
T T•
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^ CS.
C'VVi.�L Cr UPLLiv
Before ;-e, �;;e ..ld_:"..lj_,=d authority, %.hla daj par..aM1.17
ape=s.''i3—1-4-S-Ttcc. V .(_Nra t who being, by me fist duly mm.r ;,
upon oath, deposes and says:
1. That he is the armor, or the legal representative of the
owner, sutmittino the acc ;.'-gznyi�; application for a public hearing as
required by Ordinance No. 6871 of the Code of the City of Miami, Florida,
effecti.'>z; the real property 'Located in the City of Miami as described and
listed on the pages attar::ed to this affidavit and made a part thereof.
2. That all mmer , ::hick he represents,. if any, have given their
full and co!l;plete pemission for him to act in their behalf for the c . rge
o: !i•yd-U ication of a classification or regulation of zoning as set out in
t1he acorn:=^;-i^g patiticn.
3. That the p_Zes attached hereto and made a part of this
of A :-i.t ccntaln the cu_: ent rames, mailing addresses, phone ra.•-:oers wd
legal descr ?ticns for the real proper ry w:hich he is the aYner or leg 1.
rep.esentative. µ
4. The facts -as represented in the application s^.:�coc:�. �.�ts
s.:c-itted in co^ junction :with this affidavit are true and cor. ect.
Fl., tther AffianN sayeth not.
2.6
•charnel
r
S:•:orn to and Subscr
ib
ed before me '
. this day of L! 19
P:ot-uy Pi blic, State of Florida at Large
Mf ;(,.R"' �i.on Empires' WTARY PUBLIC STATE OF n=IDA
` . b0A'jED Thju cEI E?.AL INS. M.
MY CONNISSION WLRES SEPT. 19, 1983
84-1494 '
S L I ST
Owner's Ilame,
Lester —G.-Kates,
-as_
-Trustee
IAiling Address
1647 SW 27th Ave.,
Miami, Florida
Telephone Number
854-2643
Legal Description:
Lots 40 5 6, 7 and the
north 14 of Lot 80 Block 2
STADLER GROVE (97187)
Owner's Nane- N/A
Mailing Address
Telephone Number
legal Description:
%. 0%..,ner's Name
Mailing Address
Telephone Number_
LegalDescription:
�-N
N/A -
Any other real estate propert.
-iwned individually,
jointly, or severally
(by corporal.. -ion, parthership
privately) within
375' of the subject
site is listed as follo,.-is:
Street Address
Legal
Description
4-ME I
N/A
Street
t- Lecal DesCriction
N/A
Street Address Legal Cescriotion
N/A
4-1494
N
f
DISCLOISUU OF %TIERSHIP
1. Legal description and street address of subject real property:
Lots 4, 5, 69 7 and the North 14 feet of Lot 8, in Block
2, of STADLER GROVES, according to the Plat thereof, as
recorded in Plat Book 9, at Page 187 of the Public
Records of Dade County, Florida
2. Owner(s) of suujett real prop=..rand' percentage of ownership.
Note: City of Miami Ordinance No. 9419 requires disclosure of all parties
aving a financial interest, either direct or indirect, in the subject
matter of a presentation, request or petition to the City Commission.
Accordingly, question #2 requires disclosure of all shareholders of
corporations, beneficiaries of trusts, and/or any other interested parties,
together with their addresses and proportionate interest.
Francisco W. Mestre 25% E.-Allen Hathaway 25%
650 Leucadendra Drive ir 13620 S.W. 73.rd Avenue
Coral Gables, Florida Miami, Florida -
Manuel R. Fernandez 25% Gustavo De Ribeaux 251
4660 S.W. 15th Street 8541 S.W. 27th Street
---Aiam�--Merida - _-_ Miami, Florida
3. Legal description and street address of any real property (a)
owned by any party listed in answer to. question #2, and (b) located within
375 feet of the subject real property.
- None
STATE OF FLORIDA ) SS:
COUiVTY OF DARE )
A en at way
71
-. • y.
us1 dVo' De Ribeaux
OMER OR ATTOFNEY EOR OWZR
being duly sworn, deposes and
says that ne is the (Cvner) Attorney for Ohner) of the real property
described in answer to question #1, above; that he has read the foregoing
answers and that the same are true and complete; and (if acting as attorney
for owner) that he has authority to execute this Disclosure of Ownership
form on behalf of the owner.
(SEAL)
(Name)•
SWON TO AS3D SI3bSCRIBED - - -
before me this
day of -t93
go-tary Public,, State df
Florida at Large
Hr CO-YAISSION EXPIRES:
. 84-1494
(overt
D1SCL0SUFE OF OW WHIP
1. Legal description and street address of subject real property:
Lots 4, S, 6, 7 and the North 14 feet of Lot 8, in Block
2, of STADLER GROVES, according to the Plat thereof, as
recorded in Plat Book 9, at Page 187 of the Public
Records of Dade County, Florida
2. Owner(s) of suuaet real prok.trand' percentage of ownership.'
Note: City of Miami Ordinance No. 9419 requires disclosure of all parties
aving a financial interest, either direct or indirect, in the subject
matter of a presentation, request or petition to the City Commission.
Accordingly, question #2 requires disclosure of all shareholders of
corporations, beneficiaries of trusts, and/or any other interested parties,
together with their addresses and proportionate interest.
Francisco W. Mestre 25% E.-Allen Hathaway 25$
650 Leucadendra Drive 13620 S.W. 73.rd Avenue
Coral Gables, Florida Miami, Florida -
Manuel R. Fernandez 25% Gustavo De Ribeaux 2S%
4660 S.W. 15th Street 8541 S.W. 27th Street
1 aM • F.lem,i.4,___ Miami, Florida
3. Legal description and street address of any real property (a)
owned by any party listed in answer to. question #2, and (b) located within
375 feet of the subject real property.
- None
Fran estre E. A en at way
Manuel�50 6-�-
ez us, e i eaux
BIER OR ATi WEY FOR OW14M
STATE OF FLORIDA ) SS: =
.i COtNUrY OF DADS
• '`//ill/rlrii•iu�••"
• . being duly sworn, deposes and
says that ne is the (fawner) Attorney for Owner) of the real property
described in answer to question #1, above; that he has read the foregoing
answers and that the same are true and ear9lete; and (if acting as attorney
for owner) that he has authority to execute this Disclosure of Ownership
form on behalf of the owner.
(SEAL)
Name
SWORI TO AND
before me this
day of —' ;-t98 .
Notary P ic, ate
Florida at Large
• MY CWAISSICN MUES:
• 84-1494
I (over)
a.
6
S= OP ETZkMA SS i
C== OF IDADS
Lester G. Kates being duly sworn.,
says ME 5; Is- Me --- a' deposes and
u.Ly appointed trustee of'Trust No. 110
the owner of the real property de-S-C-RIS—ed-M--answer to cj�eS_ErC_FFr_I_
that he has read the foregoing answers; that the same are true and com-
plete; and that he has the authority to -execute this Disclosure of Owner-
ship form on behalf of the owner.
TM�me
WFN TO AM SUBSCRMM
before me this 15th
day of Jun e=,. 983
Notary P ic state of--
i P
Florida at ;e
:&0,
No $1.411 tit Low" Ai
ASY CM%MMjM"L"U$ JUr 4 1 gel
brf COMMISSICU MUM
IONDED TIOU SAL 1%
Wupe/ab/025
ll
84-1494
7'y
AP
_.. VAIla.:C:..
please mace a written statem.ent below which sub -hilts that your
acplication for a variance meets the following requirements in that
there are peculiar circumstances as to SIZE. SHAPE, or NATL'?AL Fc.r;ILiMs
of the parcel of land (and sometimes its LOCATION).
I. Special conditions and circumstances exist which are peculiar
to the land, structure, or building and which are not applicable
to other lards, structure, or buildings in the same zoning. district.
2. The special conditions and circumstances do not result from
my (our) actions.
3. Literal interpretation of. the provisions of these zoning
regulations would deprive me (us) of rights commonly enjoyed
by other properties in the same zoning district under the
terms of these zoning regulations and would work unnecessary
and undue hardship on me-fus).
4. Granti..nq the variance requested will not confer on me (us)
any special privilege that is denied by these zoning regulations
to other lands, buildings, or structures in the same zoning
district.
S. The va_?ance, if granted, is the minimum variance that will
make possible the reasonable use of the land, building or
strz:c_e.
;N 6. The grant of the variance will be in har;aony with the general
intent and purpose of these zoning regulations, will not be
injurious to the neighborhood, or otherwise detrimental to
the public welfare.
(please use back of sheet if necessary)
(SIGNED)
84-1494 �
p
ii •i
APPLICATION FOR CONDITIONAL US£
WRITTEN PETITIONt
Ordinance 6871, ARTICLE XXXII, Section 2, requires that a Conditional
Use shall not be granted by the Zoning Board unless a written petition
is submitted stating the grounds on which it is requested, with
particular reference to the types of findings which the Board must
make. These standards are listed below:
1. Satisfactory provision and arrangement for ingress and egress
to property and proposed structures thereon with particular
reference to automobile and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe.
2. Satisfactory provision and arrangement of parking and loading
areas, where required, with particular attention to the items
in (1) above, and the economic, noise, glare, or odor effects
of the Conditional Use on adjoining properties and properties
generally in the district.
w
3. Satisfactory provision and arrangement of refuse and service
areas, with particular reference to items in (1) and (2) above.
4. Satisfactory provision and arrangement of utilities with
reference to locations, availability, and compatibility.
5.
Satisfactory provision and arrangement of screening and
buffering, with reference to type, dimensions and character.
6.
Satisfactory provision and arrangement of signs, if any, and
propos.Sd exterior•.lighting with reference to glare, traffic
safety, economic effects, and compatibility and harmony with
properties in the district.
7.
Satisfactory provision and arrangement of yards and other
{
open space.
8.
General compatibility and esthetic compatibility with adjacent
properties and other property in
x
9.
Any special requirements set out _ jx _tire Zoning. Ordinance_ for
the particular Conditional Use involved.
DATE
I �
r
SiMTED �. �,. ; 84-1494
Page 1��.�►7s c
; ROCEDUR ES FOR VARIAtiCSS OR CONOITIOVAL USES INTHE CITY OF MIA -KZ
When your application for Variance or Conditional Use has been
accepted !zy the Department of Administration for Planning and
Zoning Boards, the following will occur:
1. The application will be referred to various departments
and agencies of the City and County for their review
and recommendations.
2. Ten (10) days prior to your public hearing before the
Zoning Board, Public Notice will be given:
A. By newspaper publication in the Miami Herald, the
Miami Review, and (where applicable) in a newspaper
devoted primarily to reporting information of
interest in an area or locality of the City.
B. S ign(s) will be posted on the property under petition
describing the request for Variance or Conditional Use.
C. Courtesy Notices will be mailed to all owners of
property within 375' of a prope y Ines of the
subject property. .
3. Decisions of the Zoning Board shall be deemed final unless a
request is filed together with the payment of the required fee,
by the petitioner or by any person or persons, jointly or
severally, aggrieved by any decision of the Board, or by any
officer, department, board, commission, or bureau of the City
within fifteen (15) days from the date of such Board decision,
requesting the City Commission to review such decision.
4. If the City Commission reviews the decision of the Zoning Board,
it shall consider such request at a public hearing after giving
notice as in 2B and C above.
5. Failure to apply for a building permit or certificate of use
within six (6) months .of the date of the grant of Variance or
Conditional Use and to begin construction thereunder shall
invalidate the grant of the Variance or Conditional Use,
provided, upon application, the City Manager may, after review
and determination that substantial progress has been achieved
by the applicant in terms of project planning, extend the
expiration date of the Variance or Conditional Use for an
additional period of time not to exceed one (1) year, subject
to the approval of the City Commission,
6. Whenever action has been taken to deny a petition for Variance
or Conditional Use on any property, the Zoning Board shall not
thereafter consider a petition for the same type of Variance or
Conditional Use on all or any part of the same property for a
period of one (1) year from the date of denial.
84-1494 jQ
pace 5 1 -1 _4r ..,,.
DISCLOSURE
If the property is owned 'by a CORPORATION list the officers,
directors and ;principal stockholders and the percentage of stock
owned by each.
Name Percentage of Stock
If. the property is in the name of a TRUSTEE list the benefici-
aries of the trust with percentage of interest.
Name -Percentage of Stock
1tAOUL GARCIA CANTERO _ 20%
MANUEL R. FERNANDEZ 20%
GUSTAVO DE RIBEAUX 20%
E. ALLAN HATHAWAY 20%_--
FRANCISCO W. MSTRE 20%
If there is a CONTRACT FOR PURCHASE state for whq*e behit f iaifet
application is being mach. .
If the PURCHASER is a TRUSTEE or a CORPORATION* the same in'612ore.ta-
tion must be furnished as indicated above for the applicant
CORPORA1:IO:l or TRUSTEE.
84-1494
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants Running with the land
("Declaration") is made and entered into this day of January, 1983,
by L ESTER G. KATES, as Trustee for the certain land Trust Agreement, 110 dated
4/l/82, and HARVEY RUVIN, Attorney for an applicant, (owner).
BACKGROUND FACTS
The Owners hold fee simple title to the Property described as follows:
4000-40-50 West Flagler Street and
Approximately 110 SW 40th Avenue
Lots 4, 5, 6, 7, and the N 14' of Lot 8
Block 2
STABLER GROVE (9-187)
Owners have applied to the City of Miami ("City") to rezone the property
to C-2 under the City of Miami Zoning Code.
Owners desire to offer certain assurances to the owners of properties
within 375 feet of the property ("Neighbors") and to the City, that if the Property
is developed under the C-2 classification, Owners will waive their right to certain
uses, will limit certain uses thereon, and adhere to density restrictions thereon.
The Owners recognize and acknowledge that the covenants listed below are'
freely and voluntarily offered as a benefit to the public health, welfare and
safety of the City of Miami and inhabitants.
COVENANTS
Owners hereby agree and covenant as follows:
1. That if the Property is rezoned to C-2, Owners will use said Property
only for the purposes of construction and operating an office building on said
property under C-2 zoning regulations of -the City of Miami, Dade County, Florida,
and the said Property shall not be used for any other purpose permitted by law
under the C-2 zoning.
2. The said office building shall be used exclusively as an office, and
shall be completely devoid of storefronts and retail outlets.
3. That if the Property is zoned C-2, the Owners agree to waive all rights
to transitional uses under the present City of Miami Zoning'Code and its successors.
4. That if the Property is rezoned C-2, the Owners shall strictly comply
with density restrictions of applicable Zoning and Building Codes.
84-1494
5. These covenants shall be covemants running with the land and shall
be binding upon Owner, Owner's successors in title and assigns and shall inure
to the benefit of and be enforceable by the City of Miami and the intended
beneficiaries or neighbors.
6. This Declaration may be released, modified, or amended as to all
or any portion of the Property by a written instrument approved at the public
hearing by resolution of the Board of City Commissioners or the Zoning Board of
the City, whichever, by law, has jurisdiction over the subject matter.
7. This Declaration is enforceable by the City of Miami by action at
law or in equity with costs and reasonable attorney's fees to the prevailing
party.
IN WITNESS HEREOF, the said parties have hereunto set their hands and
official seals this r►
day of edr4 _, 1983.
WITNESSES:
ttiC.l_UG1c�C-GZ�
4M
OWNER/APPLICANT:
- �fa &. 0-A - 26 - 2azu-
LESTER G. -KATES,
As Trustee for the Certain Land
Trust Aareenent 110 - dated
April 1, 1982
t
li Y RUYINAttiYrney for
Applicant
-2-
84-1494
l�
i
STATE OF FLORIDA)
SS:
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this
T y day of January, 1983, by l«7r�p Cam . A/,oZF�5 _
tary PublPe, State Florida.
_ NOTARY PUBLIC STATE Of t FLORIDA g
My Commission Expires: MY COMMISSION EXPIRES JAN 6 1986
STATE OF FLORIDA)
IONDED TMRU GENERAL INS , UNDERWRITERS '
•
SS:
COUNTY OF DADE )
i
The foregoing instruments was acknowledged before me this
day of January, 1983, by 1,4,?Ve /
06av� �2 X&
Nqtary Publid,elState OrFlorida
NOTARY PUBLIG STATE Of FL�RIo arge ,�
g '
My Commission Expires: MY COMMISSION EXPIRES JAN 6 1986 > >'
BONDED TKU GENERAL INS. UNDERWRITERS
I
STATE OF FLORIDA)
COUNTY OF DADE ) SS:
The foregoing instrument was acknowledged before me this
day of January, 1983, by
Mtary Public, S tate of Florida
at Large
My Commissiam Expires:
STATE OF FLORIDA)
SS:
COUNTY OF DADE )
The foregoing instruments was acknowledged before me this
day of January,•1983, by
My Co>ami s s ion Expires:
Notary Public, State of Plorida
at Large
-3-
84-1494
I
DECLARATION OF RESTRICTIVE COVENANTS
Whereas a Declaration of Restrictive Covenants (copy attached) was
made and entered on January 6, 1983 by a predecessor in title to the below described
property a part of the record of proceedings which resulted in the City Commissioners
granting C-2 zoning as recommended by the Zoning Board after public hearings.
4000-40-50 West Flagler Street and
Approximately 110 SW 40th Avenue
Lots 4, 5, 6, 7, and the N14' of Lot 8
STADLER GROVE (9-187)
Whereas the present owners of said property, having purchased without
actual or record notice of said Declaration respectfully wish to modify same by
permitting a commercial banking facility pursuant to plans on file with the City
Planning Department which greatly reduces the height and mass compared to the plans
approved in January of 1983. (Height: from 7 to 4 floors; mass: (approximately)
70,000 sq. ft. to 30,000 sq. ft.)
The Owners recognize and acknowledge that the covenants listed below are
freely and voluntarily offered as a benefit to the public health, welfare and
safety of the City of Miami and inhabitants. u
COVENANTS
Owners hereby agree and covenant as follows:
1. That the said building shall be used exclusively for offices and
shall not be used for retail. storefronts, however that a commercial banking facility
pursuant to the aforementioned plans now on file shall be a permitted use.
(Modification of Covenant No. 2 of January'6, 1983.)
2. That the remaining covenants contained in the Declaration of
January 6, 1983 be reaffirmed.
IN WITNESS HEREOF, the said parties have hereunto set their hands and
official seals this day of /l d J 1984
WITNESSE
Approved by City Attorney
as to form and legal correctness.
HAR)V ttorney for Applicant
9
84-1494 t1J'
DECLARATION OF RESTRICTIVE COVENANTS
Whereas a Declaration of Restrictive Covenants (copy attached) was
made and entered on January 6, 1983 by a predecessor in title to the below described
property a part of the record of proceedings which resulted in the City Commissioners
granting C-2 zoning as recommended by the Zoning Board after public hearings.
4000-40-50 West Flagler Street and
Approximately 110 SW 40th Avenue
Lots 4, 5, 6, 7, and the N14' of Lot 8
STADLER GROVE (9-187)
Whereas the present owners of said property, having purchased without
actual or record notice of said Declaration respectfully wish to modify same by
permitting a commercial banking facility pursuant to plans on file with the City
Planning Department which greatly reduces the height and mass compared to the plans
approved in January of 1983. (Height: from 7 to 4 floors; mass: (approximately)
70,000 sq. ft. to 30,000 sq. ft.)
The Owners recognize and acknowledge that the covenants listed below are
freely and voluntarily offered as a benefit to the public health, welfare and
safety of the City of Miami and inhabitants.
COVE_
Owners hereby agree and covenant as follows:
1. That the said building shall be used exclusively for offices and
shall not be used for retail. storefronts, however that a commercial banking facility
! pursuant to the aforementioned plans now on file shall be a permitted use.
(Modification of Covenant No. 2 of January 6, 1983.)
2. That the remaining covenants contained in the Declaration of
January 6, 1983 be reaffirmed.
IN WITNESS HEREOF, the said parties have hereunto set their hands and
official seals this day of _A,Q J 1984
r
WITNESSE
Approved by City Attorney
as to form and legal correctness.
:j
HARMU�UJAtt&ney for App scant
84-IL494 lej� -
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STATE OF FLORIDA)
SS:
COUNTY OF DADE )
The foregoing instrument was acknowledged before this
day of 1984 b
� J
-Notary Public, State lorida at Large
My Commission Expires:
Not" Publta. Saar of Pa at Lwpa
My CWmmWon Expws Nevarim 30, IM
%n&W thm Mwn" Ban" Apemy
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