HomeMy WebLinkAboutSubmittal-Gilberto Pastoriza-Declaration of Restrict CovenantsPrepared by and return to:
Estrellita S. Sibila, Esq.
Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.
2525 Ponce de Leon Boulevard, Suite 700 INTO THE
Coral Gables, Florida 33134 n@ inwA1
DECLARATION OF RESTRICTIVE COVENANTS
KNOW ALL MEN BY THESE PRESENTS that the undersigned COVA, INC., a Florida
corporation, Felipe A. Valls, Jr, as Trustee of the Felipe A. Valls, Jr. Trust, Felipe A. Valls, Sr.
and Aminta Valls (collectively, the "Owner") hereby makes, declares and imposes on the land
herein described, this Declaration of Restrictive Covenants (the "Declaration"), and the
covenants running with the title to the land contained herein, which shall be binding on the
Owner, all heirs, grantees, successors and assigns, personal representatives, mortgagees, lessees,
and against all persons claiming by, through or under them.
WHEREAS, Owner is the owner of that certain property located at approximately 3550
SW 7 Street, 3590 SW 7 Street, 3592 SW 7 Street, 711 SW 36 Avenue, 710 SW 35 Avenue,
3524 SW 7 Street, and 3500 SW 7 Street, in the City of Miami, Miami -Dade County, Florida,
more particularly described on Exhibit "A" attached hereto and incorporated herein (the
"Property"); and
WHEREAS, Owner is seeking approval of applications to arnend the zoning atlas and
Comprehensive Neighborhood Plan of the City of Miami; and
WHEREAS, the Property consists of approximately 0.75 net acres; and
WHEREAS, Owner has voluntarily proffered to limit the development on said Property;
and
WHEREAS, the Owner seeks to assure the City Commission that the voluntary proffer
limiting the development on the Property will be abided by its heirs and assigns.
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Owner hereby agrees as follows:
' rato�l of �es$ri c�'�
oi3ooly 6 J $o �astor�za.- ��
°9 S� M► tW- Cir bei
09 0� �oozC — ��CoVenantS
I . Notwithstanding the CA zoning on the Property, the development of the Property
shall be limited as follows:
a. Ingress and Egress: There shall be no vehicular access along SW 7 Street.
b. Landscape Buffer: A ten (10) foot landscape buffer shall be provided
along the SW 7 Street frontage and shall be maintained in perpetuity by the property owner.
Such landscape buffer shall include a six-foot high wall which shall be constructed ten (10) feet
from the property line along SW 7 Street.
2. The provisions of this instrument shall become effective upon their recordation by
the Owner in the Public Records of Miami -Dade County, Florida, and shall continue in effect for
a period of thirty (30) years after the date of Such recordation, after which time it shall
automatically terminate and be of no further force or effect.
3. The provisions of this instrument may be amended, modified or released by a
written instrument executed by the then owner(s) of all of the Property, including joinders of all
mortgagees, if any, provided that the same is also approved by the City of Miami Commission at
a public hearing. Any modifications, amendments, or releases must be in a legal from acceptable
to the City Attorney.
Should this Declaration of Restrictions be so modified, amended or released, the Director of the
City of Miami Department of Planning, or his respective designee or Successor, shall forthwith
execute a written instrument effectuating and acknowledging Such modification, amendment or
release.
4. Enforcement shall be by action against the parties or persons violating or
attempting to violate any covenants in this Declaration. The prevailing party to any action or suit
pertaining to or arising out of this Declaration shall be entitled to recover, in addition to costs and
disbursements allowed by law, Such Sum as the Court may adjudge to be reasonable for the
services of his/her attorney. This enforcement provisions shall be in addition to any other
remedies available at law, in equity or both.
5. Invalidation of any of these covenants by judgment of court shall not affect any of
the other provisions, which shall remain in fill force and effect.
6. All rights, remedies and privileges granted herein shall be deemed to be
cumulative and the exercise of any one or more shall neither be deemed to constitute an election
of remedies, nor shall it preclude the party exercising the same from exercising Such other
additional rights, remedies or privileges as may be available to it. In the event any third party
brings any action, proceeding or sues in connection with this Declaration, the Owner will
indemnify, hold harmless and defend the City, its officials, and employees in connection with
any such suit, action or proceeding. This section shall Survive the expiration of this Declaration
for a period of one (1) year.
Submitted Into the public
2 cecor�l� oonnecion with
item m ff 2 -ZS /�
Priscilla A. Thompson
City Clerk
Signed, sealed, executed and acknowledged on this day of A.D., 2010, at
Miami, Florida.
WITNESSES: COVA, INC., a Florida corporation
Print Name:
Print Name:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
By:
Print Name:
Its:
Address:
The foregoing instrument was acknowledged before me this day of ,
2010, by , as of COVA, INC., a Florida corporation;
such person is (check one) [ ] personally known to me or [ ] has produced
as identification.
WITNESS my hand and official sea! in the county and state named above this
day of , A.D., 20I0.
NOTARY PUBLIC, State of Florida
Print Name:
Commission No.:
Commission Expires:
Submitted Into the public
recoul n.connection with
item on Z -ZS- /0
Priscilla A. Thompson
City Clerk
WITNESSES:
Print Name:
Print Name:
STATE OF FLORIDA )
COUNTY OF MrAMI-DADE )
Felipe A. Valls; Jr. Trust
By:
Print Name: Felipe A. Valls, Jr., as Trustee
of the Felipe A. Valls, Jr. Trust
Address:
The foregoing instrument was acknowledged before me this day of
2010, by Felipe A. Valls. Jr. as Trustee of the Felipe A. Valls, Jr. Trust; such person is (check
one) [ ] personally known to me or [ ] has produced as
identification.
WITNESS my hand and official seal in the county and state named above this
day of , A.D., 2010.
NOTARY PUBLIC, State of Florida
Print Name:
Commission- No.:
Commission Expires:
4 Submitted Into the public
recd in connection with
item vz on
Priscilla A. Thompson
City Clerk.
WITNESSES:
Print Name:
Print Name:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
Felipe A. Valls
By:
Address:
The foregoing instrument was acknowledged before me this day of ,
2010. by Felipe A. Valls; such person is (check one) [ ] personally known to me or [ ] has
produced as identification.
WITNESS my hand and official seal in the county and state named above this
day of , A.D., 2010.
NOTARY PUBLIC, State of Florida
Print Name:
Commission No.:
Commission Expires:
5 Submitted Into the public
recor n ponnecdon with
item=�—on �Z-2-�a
Priscilla A. Thompson
. City Clerk.
WITNESSES:
Print Name:
Print Name:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
Aminta Valls
By:
Address:
The foregoing instrument was acknowledged before me this day of ,
2010, by Aminta Valls; such person is (check one) [ ] personally known to me or [ ] has
produced as identification.
WITNESS my hand and official seal in the county and state named above this
day of , A.D., 2010.
NOTARY PUBLIC, State of Florida
Print Name:
Commission No.:
Commission Expires:
6 Submitted Into the public
recoriq ii�nc�c�o-nnec tion with
item��z• on Z
Priscilla A. Thompson
�: City Clerk
rxHrerr "A„
Submitted Into the public
recorAin connection with
item on Z-zS- /o
Priscilla A. Thompson
City Clerk
Page 1 of 1
Marilyn Somodevilla
From:
Marilyn Somodevilla
Sent:
Tuesday, February 23, 2010 9:32 AM
To:
'Chris Descalzo'
Cc:
'Jose Garrido'
Subject: Declaration of Restrictions
Attachments: Declaration of restrictions revised 2-23-10.doc
Attached please find the revised Declaration. Please execute accordingly. Should you have any questions, please do not
hesitate to contact our office.
2/23/2010
Submitted Into the publ'�c
record m connection with
y on ./O
item item f _�
prisc ille A. Thompson
�: City Clerk
Exhibit "A"
Legal Description
IZGAL DESCRI ]ION:
PARCEL "A": LOT 2, OF DEWOLF VILLAS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 58 AT PAGE 44 OF PUBLIC RECORD OF
MIAMI—DADE COUNTY, FLORIDA. FOLIO: 01-4104-004-0020;
AND
PARCEL "B": LOT 1, OF DEWOLF VILLAS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 58 AT PAGE 44 OF PUBLIC RECORD OF
MIAMI—DADE COUNTY, FLORIDA. FOLIO: 01-4104-004-0011; FOLIO:
01-4104-004-0010;
AND
PARCEL "C": THE PORTION OF LAND DESCRIBED AS FOLLOWS:
BEGINNING AT POINT 194.51 FEET NORTH OF THE SOUTHWEST CORNER OF
THE SES/ OF THE SW1A OF THE SW% OF SECTION 41, TOWNSHIP 54 SOUTH,
RANGE 41 EAST; THENCE PARALLEL WITH THE SOUTHERLY LINE OF THE
WHOLE TRACT IN AN EASTERLY DIREC11ON 129.99 FEET FOR A POINT OF
BEGINNING; THENCE NORTH 100 FEET; THENCE 37.5 FEET EASTERLY AT
RIGHT ANGLES TO THE FIRST UNE OF THIS DESCRIPTION; THENCE
SOUTHERLY 100 FEET AND PARALLEL TO THE EASTERLY LINE OF THE
WHOLE TRACT; THENCE WESTERLY 37.5 FEET TO THE POINT OF BEGINNING,
LYING AND BEING IN MIAIM—DADE COUNTY, FLORIDA. FOLIO: 01-404-004-
0150;
AND
PARCEL "D": THE PORTION OF LAND DESCRIBED AS FOLLOWS:
BEGINNING AT 194.51 FEET NORTH AND 167.49 FEET EAST OF THE
SOUTHWEST CORNER OF SEX OF THE SWIA OF THE SWX OF SECTION 41,
TOWNSHIP 54 SOUTH RANGE 41 EAST; THENCE RUN NORTH 100.00 FEET,
THENCE RUN EAST 37.50 FEET, THENCE RUN SOUTH 100.00 FEET, THENCE
RUN WEST 37.5 FEET TO POINT OF BEGINNING. LYING AND BEING IN
MIAMI—DADE COUNTY, FLORIDA. FOLIO: 01-4104-000-0230;
AND
PARCEL "E": LOT 3, OF DEWOLF VILLAS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 58 AT PAGE 44 OF PUBLIC RECORD OF
MIAMI—DADE COUNTY, FLORIDA. FOLIO: 01-404-004-0030;
AND
PARCEL "F": LOT 4, OF DEWOLF VILLAS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 58 AT PAGE 44 OF PUBLIC RECORD OF
MIAMI—DADE COUNTY, FLORIDA. FOLIO: 01-404-004-0040;
CONTAINING AREA (NET): 32970.72 SQ.FT.
Submitted Into the Public
recon in col � %o
item �=�-on ?�.�
Priscilla A. Thompson
City Clerk