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Resolution: R-10-0039
File Number: 06-00357cm
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 1/28/2010
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A MODIFICATION TO A DECLARATION OF RESTRICTIVE
COVENANT ("ZONING COVENANT") DATED APRIL 3, 2007 AND RECORDED IN
OFFICIAL RECORDS BOOK 25502, PAGE 1811-1821, OF THE PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 1000, 1012 AND 1022 NORTHWEST 1ST AVENUE, MIAMI,
FLORIDA, IN ORDER TO AMEND CERTAIN SECTIONS OF THE COVENANT IN
THE MANNER DESCRIBED THEREIN.
WHEREAS, the properties located at approximately 1000, 1012 and 1022 Northwest 1st
Avenue, Miami, Florida (the "Property"), legally described in attached "Exhibit A," are subject to a
Declaration of Restrictive Covenant ("Zoning Covenant"), dated April 3, 2007, recorded in Official
Records Book 25502, Pages 1811-1821, of the Public Records of Miami -Dade County, Florida; and
WHEREAS, on January 28, 2010 , relative to a request by applicant Ryan D. Bailine, Esq., the
City Commission approved a site plan for the development of Metro Apartments on this property; and
WHEREAS, at that time of the site plan approval, the property owners voluntarily proffered to
the City Commission a Covenant (Modified Covenant) amending the Zoning Covenant, limiting the
property to be developed in accordance with submitted plans prepared by Corwil Architects, Inc.,
dated November 24, 2009; and
WHEREAS, the Office of the City Attorney reviewed the Modified Covenant and approved it as
to legal form and correctness; and
WHEREAS, the City Commission after careful consideration of this matter, finds that it is in
the best interest of the general welfare of the City of Miami and its inhabitants to approve the Modified
Covenant, in substantially the form attached, and therefore grants the requested Modification;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The modification of the Zoning Covenant previously recorded Covenant for the
property is granted in order to allow the modified plans prepared by Corwil Architects, Inc., dated
November 24, 2009, in attached "Exhibit B".
Section 3. Except as expressly modified, all provisions of the original Zoning Covenant
continue in operative force and effect.
City of Miand Page 1 of 2 File Id. 06-00357cm (Version: 2) Printed On: 7/14/2017
File Number: 06-00357cm
Enactment Number: R-10-0039
Section 4. The applicant, Ryan D. Bailine, Esq., on behalf of ARK Development / Overtown I,
LLC and Royal Palm Miami, Downtown, LLC shall record the Modified Covenant as approved herein,
in the public records of Miami -Dade County and provide proof of same prior to obtaining a building
permit related to "Exhibit B".
Section 5. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1 }
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id. 06-00357cm (Version: 2) Printed On: 7/14/2017