HomeMy WebLinkAboutPartial Release of Declaration of Restrictive CovenantsThis instrument prepared by,
Record and Return to:
Ryan D. Bailine, Esq.
Shutts & Bowen LLP
1500 Miami Center
201 South Biscayne Boulevard
Miami, Florida 33131
PARTIAL RELEASE OF DECLARATION OF RESTRICTIVE
COVENANTS
This Partial Release of Declaration of Restrictive Covenants ("Partial Release") is made this
day of , 2010, by Royal Palm Miami Downtown, LLC, a Florida limited
liability company ("Owner"), in favor of the City of Miami, a Florida municipal corporation
("city„).
WHEREAS, the Owner holds fees simple title to that certain real property located at
approximately 1022 NW 1 st Avenue, 1012 NW 1St Avenue, 1000 NW 1 st Avenue, 1200 NW 1St
Avenue, 115 NW 12" Street, 105 NW llt" Terrace, 113 NW 11th Terrace, 1,129 NW 1" Court,
1135 NW 1St Court, 1145 NW 1St Court, 115 NW 1St Court, 1159 NW 1" Court and 100 NW 12th
Street, Miami, Florida, as more particularly described on Exhibit "A" attached hereto, and
incorporated herein (collectively, "Property"); and
WHEREAS, a Declaration of Restrictive Covenants dated October 30, 2006, was
recorded on April 3, 2007, in Official Records Book 25502, at Pages 1811 through 1821
("Declaration"), which placed certain restrictions and conditions on any new construction or
redevelopment of the Property; and
WHEREAS, on January _, 2010, Owner obtained approval for a Class 11 Special Permit
from the City for the development of approximately ninety (90) affordable housing units to be
constructed on a portion of the Property, as more particularly described on Exhibit "B"; and
WHEREAS, pursuant to the terms and conditions of the Declaration, any new
construction on the Property will require approval from the City of Miami Commission
("Commission") at public hearing; and
WHEREAS, Owner desires to secure approval of the Commission and also desires to
obtain a release of that portion of the Property listed on Exhibit "B", from the terms and
conditions of the Declaration; and
WHEREAS, a public hearing was held before the Commission on , 2010,
during which the Commission adopted Resolution No. ("Resolution"), a copy of which
is attached as Exhibit "C", and
WHEREAS, the Resolution approved a Partial Release of the Declaration with respect to
the portion of the Property listed on Exhibit "B".
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NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Owner hereby agrees as follows:
1. This Partial Release shall apply only to the real property described in Exhibit "B"
attached hereto.
2. The remainder of the Property originally described in Exhibit "A" attached
hereto, shall remain bound by and subject to the terms of the Declaration.
3. This Partial Release shall be recorded in the Public Records of Miami -Dade
County, at the Owner's expense within ninety (90) days of its acceptance by the City. The City
Clerk, 3500 Pan American Drive, Miami, Florida 33133 shall be promptly provided with a
recorded copy of the Declaration.
IN WITNESS WHEREOF, the undersigned has executed this Partial Release as of the
day of , 2010.
Signed, sealed and delivered ROYAL PALM MIAMI DOWNTOWN, LLC, a
In the presence of FLORIDA LIMITED LIABILITY COMPANY
LW
Signature
Its: Managing Member
Print Name
Signature
Print Name
STATE OF FLORIDA )
ss:
COUNTY OF )
Before me, an officer duly authorized in the State and County aforesaid to take acknowledgments,
personally appeared , as Managing Member of Royal Palm Miami
Downtown, LLC, a Florida limited liability company, being personally known to me, acknowledged
executing this Partial Release for the purposes therein expressed in the presence of two subscribing
witnesses freely and voluntarily under authority duly vested in such officer by such company on behalf of
such company this day of , 2010.
[Notary Seal]
Notary Public
Print Name:
My Commission Expires:
MIADOCS 3967392 1 2
CITY OF MIAMI APPROVAL:
APPROVED AS TO FORM AND
CORRECTNESS:
ZONING ADMINISTRATOR:
LOURDES SLAZYK
MIADOCS 3967392 1
Exhibit "A"
All the following properties being in MIAMI-DADE COUNTY, FLORIDA:
01-3136-009-1141
115 NW 12 ST, MIAMI, FLORIDA
ALICE BALDWIN ET AL SUB PB B-87 & PB 6-43 LOT 7 BLK 10
01-3136-009-1140
1200 NW 1 AVE, MIAMI, FLORIDA
ALICE BALDWIN ET AL SUB PB B-87 & PB 6-43 LOT 6 BLK 10
01-3136-009-1880
1159 NW 1 CT, MIAMI, FLORIDA
ALICE BALDWIN ET AL SUB PB B-87 & PB 6-43 LOT 12 BLK 19
01-3136-009-1870
1151 NW I CT, MIAMI, FLORIDA
ALICE BALDWIN ET AL SUB PB B-87 & PB 6-43 LOT 11 BLK 19
01-3136-009-1860
1145 NW 1 CT, MIAMI, FLORIDA
ALICE BALDWIN ET AL SUB PB B-87 & PB 6-43 LOT 10 BLK 19
01-3136-009-1850
1135 NW 1 CT, MIAMI, FLORIDA
ALICE BALDWIN ET AL SUB PB B-87 & PB 6-43 LOT 9 SLK 19
01-3136-009-1840
1129 NW 1 CT, MIAMI, FLORIDA
ALICE BALDWIN ET AL SUB PB B-87 & PB 6-43 LOT 8 BLK 19
01-3136-009-1830
113 NW 11 TERR, MIAMI, FLORIDA
ALICE BALDWIN ET AL SUB PB B-87 & PB 6-43 LOT 7 BLK 1
01-3136-009-1800
100 NW 12 ST, MIAMI, FLORIDA
PB B-87 & ALICE BALDWIN ETAL SUB PB 6-43 LOTS 1 & 2 BLK 19
01-3136-009-1810
ALICE BALDWIN ET AL SUB PB B-87 & LOTS 3 TO 5 BLK 19 PB 6-43
01-3136-009-1820
105 NW 11 TERR, MIAMI, FLORIDA
ALICE BALDWIN ET AL SUB PB B-87 & PB 6-43 LOT 6 BLK 19
01-0101-060-1120
1022 NW 1 AVE, MIAMI, FLORIDA
P W WHITES RE -SUB BLK 16 PB B-34 LOTS 24 & 25
01-0101-060-1150
1012 NW 1 AVE, MIAMI, FLORIDA
P W WHITES RE -SUB BLK 16 PB B-34 LOTS 32 & 33
01-0101-060-1190
1000 NW 1 AVE, MIAMI, FLORIDA
P W WHITES RE -SUB BLK 16 PB B-34 LOTS 40-41-48
EXHIBIT "B'
Property to be released
LOTS 24, 25, 32, 33, 40, 41 AND 48, OF BLOCK 16,
BLOCKS NO. 16, 26 AND 36 NORTH, CITY OF
PLAT THEREOF, AS RECORDED IN PLAT BOO
RECORDS OF MIAMI-DADE COUNTY, FLORIDA
A/K/A
1022 NW 1St Avenue, Miami, FL
Folio No. 01-0101-060-1120
1012 NW 1St Avenue, Miami, FL
Folio No. 01-010101-060-1150
1000 NW 1St Avenue, Miami, FL
Folio No. 01-0101-060-1190
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"P.W. WHITE SUBDIVISION OF
MIAMI," ACCORDING TO THE
K B, PAGE 34, OF THE PUBLIC
EXHIBIT "C"
Resolution No.
MIADOCS 3967392 1