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HomeMy WebLinkAboutExhibit D-SUB0 PUBI. DATE MICROFILMED. LOCATIONCAMERA OPERATOR DEPUTY CLERK.' CIRCUIT COURT This Y BFf,... v r..r .•'i. I'.I . ] 10: 1 F: .r.:7r-. 6iud. Penthouse Suita P.O. Box 61-9002 Miami, Florida 33261-9002 REC.°f`� 1576I n2910 UNITY OF TITLE THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT 0 a a 9,1 EVI E W GO�Q 92R ILA- 27ICI 1992 DEC 29 09:30 THIS UNITY OF TITLE (the "Declaration of Unity") made by MIAMI CHINESE COMMUNITY CENTER, LTD-, a Florida limited partnership (the "Owner") in favor of THE CITY OF !M!IAMI, FLORIDA, a municipality of the State of Flor i--'.a (the "City"). . I -r "7 P. • I1 : WHEREAS, the Owner holds fee Simple title to certain property in the City of Miami, ^•lOri'.a, ?egal?17 •,encribcd as and consisting oF: Lots 2, G, 7, 10, 11 and 12, 01oc1 ' , of , IFi1'',AF. SUr3DI` I ;IO'1 a/k/a TT!IPD .1M7 NDT D MA7 nr '•1IRAMAR, according to the Plat thereof, as recorded in Plat Rook 5, Page 4, of the Public Records or 7a:ie County, Florida (the "Property"), to which it also holds fee simple title; and. WHEREAS, the Owner is presently an applicant before the City of. Miami Commission for certain variances from Ordinance ^1o. 't500, as amender?, of the '.oning '"?r:?inance of the City of Miami for the real property legally rlcscri'_,ed as: A11 of •L.ots 3 and 13, Lots 4, 5, 2, n and 11, less the. Went 10_09 Feet thereof, and the 10.00 feet alley lying `:orth of and jaccnt to said Lot 5, and the 10.00 feet alley l.yinn - ^outh of and adjacent to said Lot 0 , R'_ oc' r , 1 T RAMAP.." (also known as the ' "'°'IRD F - 71D' ] 7= OF MIRAMAR") , accor-'.inr3 to the Plat thereof, as recorde-' 1n "lat :Rook 5, at Page 4, of L the Public Records of Dade County, Florida, and commonly described as 1701-10 2 Ri :cayne Poulevara, Miami, Dade County, Florida (the 3 i ccayne 0oulovar1 Property") , to which it also hol-?s fee simple title; and WHEREAS, the Owner .lesi res to :nakc a h nl ing commitment to assure that the Property and. the '3scayne 9oulevard Property shall be developed in accordance with the provisions of this Declaration of Unity; NOW, THEREFORE, the Owner voluntarily covenants and agrees that the Property and the Biscayne loulevar_l Property shall be subject to the following unity of title that is intended and shall he deemed to be covenants running with the land, binding upon the Owner, its suc- cessors and assigns, as folhow,s: 1-5444 - Exhibit D-SUB 8EOZOW (CORN ICAN 4 I,LASER. P.A., PENTHOUSE SUITE, 11077 BISG"TNE BLYO.. P.O. BOX GI - 9002. MIAINI. FL 33161 - 9002 • 43051 895- 2520 SIIIMMMAMMMMIMM fS 1- 0 PURL, OURTHOUSE -TOWER •LOCATION CAMERA OPERATOR DEPUTY CLERK. CIRCUIT.COURT DATE MICROFILMED -THIS DOCUMENT ISA SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT REC.°F�- 15761 P 291 1 0 Q. ss 6c) 1. RECITALS. The recitals and findings set forth in the preamble of this Declaration of Unity are hereby adopted by reference thereto and incorporated here -in as if fully set forth in this Section.. UNITY or TITLE. The Owner shallnot sell or convey the Property or any portion of the Property separately from the Biscayne Boulevard Property or any portion of the Biscayne Boulevard Property until Owner has :net all the conditions set forth in Resolution No. 91- 92 of the City of r'iami as amended by Resolution Nos. 91-779 and 92- 268 of the City of 3. A?IEMD="1T AND !1ODI='ICATION. This instrument may be modified, amended or released as to any portion of the Property or the Biscayne Boulevard 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 provi?ing that same has been approved by the City Commission at a puhl-ic hearing which public hearing shall be appll. i e,1 for and at the expense of the Omer. nhou11 this instrument be no modified, amended or released, the Director of the Planning, Building and 7on'_ng Department or his successor, shall execute a written instrument in recordable form effectuating and acknowledging such- modification, amendment, or release. -4. TER71 OF COVENANT. This voluntary covenant on the -part of the Owner shall remain in full force an:: effect and shall be binding upon the Owner, its successors nL: assigns for an initial VIEW C. period of thirty (30) years from the :ate this instrument is recorded •in the Public Records of Dade County, and shall he automatically - extended for successive periods of ten (10) years thereafter unless - modifier?, -amencled-or rcleanc1 prior to the expiration thereof. -5. Inspection and Enforcement. It is understood and agreed that any official inspector of the City may have the right at any time during normal- working hours, of entering and investigating the use of the Property and , the Biscayne Boulevard Property to determinewhether the conditions of this Declaration of Unity are being complied with. An enforcement action may he hrought by the City or by any property owner within 375 feet of the Property or the Biscayne -Boulevard Property an:d shall be by action at law or in equity 13E0Z0W KORN 1(AN G GIASER, P.A.- PENTHOU5C SLI LTC. 11077 ©15CAYNE O% V0.. P.O. 130 101- 9002. 1.41,1AM1. FL 33101- 9002 • 13091 1395. 2520 1MMMWi�ir MQ DATE MICROFILMED OURTHOUSE TOWER LOCATION • CAMERA OPERATOR DEPUTY CLERK, CIRCUIT COURT 4 0 PUB(IC THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT °FF:15761r6Z912 HEC. NOTICE PZ-22.14439 01 / 16/24 � /Q REVIEW COS against any party or person violating or attempting to violate any covenants of this Declaration or 'Inity, either to restrain violation, or to recover damages. The prevailing party in the action or suit shall he entitled to recover casts anal reasonable attorney- fee^. This enforcement provision shall :-.e in i'clition to any ogler remedies avai lablc ufder the law. 1. .^•everabil itv. Invalidation of any one of thesc- covenants by judgment or Court shall not effect _any of the other provisions of this Declaration of Unity, which shall remain in full force and effect, provided, however, that ouch invalidation may he grounds for the City to amend the coning and/or land -use regulations applicable to the :'rooertl and/or the '3 i scayne T?ou'_ovar ? Property. 7. Recor iir,g. This Declaration of Unity she',he filed of record among the -Public Records of_ Dade County, Florida, at the cost of the Owner. IN WITNESS WHEREOF, the- undersigned have .met their hands and .sealn t`a(b a; of [JQCfv, i•/ WITN Print '13:ne: (5-4;4'1 L. gabt^'lJ Print ". arile: ket STATE OF FLORIDA ) - COLJ,•TY OP DrDL r 1 n 2 2 MIAMI CIIINT,SE COMMUNITY CENTER, LTD., a Florida limited partnership MIAMI CH NATOWN DEVELOPMENT CORP., a Florid corporation ISAAC SFIIH, President .ddre o: 221 .-.E. 79th Street crtOf UlO ,w GST MIA L ■FCO•0 pp0= •f COR.- t'1111• & Counts/ Courtl t.' "y�F:• 13T:rOI'.f ..T, the undersigned authority, personally appeared ISAAC SHIN, as President of MIAMI CIIINATOWN DEVELOPMENT CORP., a Florida corporation, as general partner of MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida Limited Partnership, on 1.,ehalf of the corporation and on behalf of the limi ted partnership who is personally known. to me and did take an oath. IN :IITNES-S •.4?1ER:)• 99F, I have he nto -u1 dr ed my name and affixed my seal thin (b day of Dc j `4y Commission Expires: Li3R1885)8/R 7hls f¢. 1 E3ED1(,':% 1 11017 B. ,; • .,. Penthouse Su1te P.O. Box 61-9002 Miami, Florida 33261-0002 Votary Public, State of Florida Print ''3 aae: aaoc,ird 3 cry Pt., orriciAL NOTARY SEAL DAIS L CROWN ,r COMMISSION RUMMER AA713388S8 \ MY COMMISSION EXP. FOF FLOCOCT. 6,1003 GE02OW KORN KAN & GLASER. R.A..PENTHOUSE SUITE. 11077 BISCAVNC OLVO.. P.O. Box GI -9002. MIAML. FL 331G1 -9002 - 1305, 095- 2520 AMEMMEMFAMMEMMIAMMEM DATE MICROFILMED. i •i• •1 • wit`•racmt/_wii!e% LOCATIONCAMERA OPERATOR DEPUTY CLERK.' CIRCUIT COURT Pt18L/ This I114<< r t:1 ] 10: 1 Penthouse Suita P.O. Box 61-9002 Miami, Florida 33261-9002 8 °f`� 15761 n2.9 0 REC. UNITY OF TITLE 92R s 142 THIS UNITY OF TITLE (the "Declaration of Unity") ma CHINESE COMMUNITY CENTER, LTD-, a Florida 3 i;ni tc-? par the "Owner'") in favor o£ THE CITY OF !M!IAMI, FLORIDA, a rnunicipalit State of Flori-da (the "City"). Co 0 a. NOTI This submittal needs to be ached in accordance with umeth, Miami Sete The eppieatte renewtheinbrmahon att rzeomrn end WHEREAS, the Owner holds fee Simple title to cer the City of Miami, ^•lori^.a, Icg--dliy •,cecrihed as and Lots 2, (•, 7, 104 11 and 12, nl oc% SUr3DI`7T_ ;IO': a/k/a TT!IPD .1MiTNND17.D ALAI r) according to the Plat thereof, as recor =look 5, Page 4, of the Public Deco County, Florida (the "Property") , to which it also holds fee WHEREAS, the Owner is presently an ap- [1ia:ni Commission for certain variances amended, of the .oniny Ordinance of property legally rlcncri'_,ed as: A1'1 of •L.ot ; 3 and 13, the• .lent 10_09 feet alley lying `:orth of and the 10.00 .feet adjacent to said Lot known as the _":'1'.I^D according to the ?la roof: 5, at Page 4, County, Florida, and commonly described County, Florida (the "Di holis fee simple title; WHEREAS, th, Own that the Property developed in acc Unity; NOW, THE the Property the follow be coven cessor ng as 17.0 ayne and Lot-, t i : e am t'. P bra public hearing dorih in the Cly making bony will ubGc hearing to rend er a or a final deci9on. 2-14439 1/16/24 N. �FVI EW CO0 in property on Si sting .a,TF A',',An.. '•1 I R A: ' A R , ed in Plat ds or Dade mnle title; and- O F : in .icant before the City of. rom Ordinance City of Miami for 4, 5, 0, n and 11, lens _of, and the 10.00 feet jaccnt to said Lot S, ..ley lying - ^out;: of and , g,ock r, 1.,.I 1..i\ " (also A-' _[1 Yd) MAP OF 'II'.2A'IARe ) , `hereof, as rc,corc'o-' in '"lat fL the Public Records of Dade 't500, as the real 1-1259 Ri scayne ^oulcvar:], Miami, 7oulovar1 7roDerty") , to which .lesi rc a to :nakc a 1-,riding commitment and, the dance wi th '3scayne 9oulevard 7roperty Dade it also to assure shall be the provisions of thin Declaration of FORE, the Owner voluntarily covenants and agrees that and the 3iscayne noulevar_1 Property shall be unity of title that is intended and shall he nts running with the land, binding upon the Owner and assigns, ac folhow,s: subject to deemed to , its suc- SUBSTITUTE D ZPW KOHN KAN G. I, LASER. P.A., PENTHOUSE SUITE, 11077 BISGAYNE BLVD.. P.O. ©OX GI - 9002. MIAINI. FL 33161 - 9002 • 13051 89S - 2520 SIIIMMMAMMMMIMM �S� DATE MICROFILMED iar OURTHOUSE -TOWER (/nw' •LOCATION CAMERA OPERATOR DEPUTY CLERK. CIRCUIT.COURT PUB1.'C SUBSTITUTED REC.°F�- 15761 P 291 I. 1. RECITALS. The recitals and findings set preamble of this Declaration of Unity are hereby adopted thereto and incorporated here -in as if fully set forth in thi G O < N, NOTI This submittal needs to be schedu In eaoraanre wrtn dmeones s- Miami C¢Ie.The applica He d rewewtM1einfnnnation at tM1 UNIrTY OF TITLE. The Owner shallnot sell or co Property or any portion of the Property separately from the Boulevard Property or any portion of the Biscayne Boulevar until Owner has :net all the conditions set forth in Resol 92 of the City of r'iami as amended by Resolution Nos. 268 of the City of 3. AME*'D=' T AN) !1ODI='ICATIO?'. This modified, amended or released as to any portion or Biscayne Boulevard Property by a- written instr then owner of the fee simple, title to the land modification, amendment or release provi?' approved by the City Commission at a hearing sha' be applied for and at the this instrument be no modified, amende- the Planning, Building and 7on'_ng De execute a written instrument in acknowledging such- rnoeification, 4. iT.'n.'.'i OF COVET'Aw' of the Owner shall remain i binding upon the Owner, it period of thirty (30) year •in the Public Records extended for successiv modifier?, amended -or agreed 5. Ins that any any time durin the use of determine. being con or by Biscay PZ- ra public hearing nb in me Mt, making hotly will bGc M1earing to render a a final decidgn. -14439 1/16/24 1 EW ,iscayne Property ion No. 91- 1-779 and n"-,- strument may be she Property or the ent executed by the to be effected by such g that same has been ,1-ic hearing which public ,opens_ of the Omer. fhould or released, the Director of art^rent or his successor, shall ecordable form effectuating and endmen t , or release. -This voluntary covenant on the -part ru l l force an:: effect and shall be successors anL: assigns for an initial from the date this instrument is recorded f Dade County, and ;hall he automatically periods of ten (10) years thereafter unless- cle, sc d prior to the expiration thereof. ction and Enforcement. It is understood and -Eicial inspector of the City may have the right at normal- working hours, of entering and investigating he property and , the Biscayne Boulevard Property to ether the conditions of this Declaration of Unity are _ied with. An enforcement action may he hrought by the City y property owner within 375 feet of the Property or the e Boulevard Property and shall be by action at law or in equity ZOW !CORN RAN G O ASER, P.A., PENTHOVSC SUITE. 11077 ©15CAYNC OLVO.. P.O. ©Ox 61-9002. MIAM1. FL 33161- 9002 • 13051 995.2520 1MMMWi�ir DATE MICROFILMED OURTHOUSE TOWER r/ ,�13Tj/�/�,71'; ? O pUBLi LOCATION CAMERA OPERATOR DEPUTY CLERK, CIRCUIT COURT �o •,,,, a SUBSTITUTED °FF:15761r6Z912 HEC. against any party or person violating or attempting to covenants of this Declaration or Unity, either to restrai or to recover .3amages. The prevailing party in the acti shall he. entitled to recover casts anal reasonable attorne, This enforcement provision shall :-.e in i'clition to any other av,ai lablc ufder thr' law. 1. .^•everabil itv. Invalidation of any on 0 covenants by judgment or Court shall not effect any provisions of this Declaration of Unity, which shall force and effect, provi'ded, however, that such in grounds for the City to amend the zoning and/or applicable to the ;'ropertl and/or the 'l i scaync !' 7. Recor iir•.g. This Dec 1a: tion of record among the -Public Records of_ Dade ^_.ou, of the Owner. IN WITNESS WHEREOF, the- undorsi:3ne 'seals t`a� 10 a; of [JQCe i•/ WITNj�-'T'L n� �r NOTI Thls submittal needs to teschetlule In accordance tooth hmellnes s Warr, Code. The aprirat. tl reviewtH information at th recommendato PZ- ra public hearing rth inure City of -making bobywill tAc hearingto rentlera aenaleeoi on. -14439 1/16/24 rEWC°tl$ cme3iea of the sc? of the other remain in full alidation may he n:?-u se regulations _'i var ? Property. nity ha', he filed of y, Florida, at the cost have set their hands .and Print '13:ne: (54"4'1 L. gab�,-' Print "ante: t STATE OF FLORIDA DA COLJNfl'Y OP DrDE T3r.r. Or.n •.Fr the SHIN, as President corporation, as gen LTD., a Florida Li on behalf of the 1' did take an oath. IN :7ITNESr affixed my sea My Commissio Li3R188 8/R u MIAMI a F1 r l222. .IIINI;SE COMMUNITY CENTER, LTD., ida limited partnership MIAMI CH NATOWN DEVELOPMENT CORP., a Florid corporation ISAAC SFTII3, President A.ddress: ?31 ...P. 18th Street iarni , FL 'rL ita CIT ,w GS,*1AL ■FCO t1 V00- Of Dn DI COt/^.a r• r�o:t�Dw. •I COR.- wlkr• a `. 1.1e111 l]i fIl & Counts/ Cuurti . c.'u'•: u•ia� dersigned authority, personally appeared ISAAC MIAMI CIIINATOWN DEVELOPMENT CORP., a Florida ral partner of MIAMI CHINESE COMMUNITY CENTER, tad Partnership, on .,chaff of the corporation and i ted partnership who is personally known. to me and '.l1ER799F, I have he ( this b day of Dec Expires: • 13 E DZ(.'• • 11017 B.' , ; ; • . ,. Penthouse Sutte P.O. Box 61-9002 Miami, Florida 33261-9002 ntp ?uhse—r my name and Votary Public, State of Florida Pr int. '•lame: 6-nrQi` L. f.f2Or.,/rI 3 O,*,RY P(i/orr1C1AL NOTARY PEAL OARY L CROWN ,r eolrallEslort NUMBER AA713388S8 MY COYMIPs10N EXP. OF FV.0 OCT. 6,1093 • 2OW KORN FLAN & GLASER. R.A..PENTHOUSE SUITE. 11077 I3ISCAVNC OLVO.. P.O. 130X GI-9002. MIAMI, FL 331G1-9002 - 1305. 2195- 2520 AMEEMENFAMMEEEMMEMM Z