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Home My WebLink Aboutsubmittal 2 - declaration of covenantsThis instrument prepared by, and after recording return to: Name: Dana Murphy Address: 339 N.E. 28 Street Miami, Florida 33137 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM fz ONDIEZA= OF RESTRICTIVE COVENANTS (Space reserved for Clerk of Court) THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day I 1 of J t.► E. , 2004 by Mr. Dana Murphy (the "Owner"), is in favor of the City of Miami, Florida. WITNESSETH: WHEREAS, the Owner holds fee -simple title to certain property in the City of Miami, Florida, located at 339 N.E. 28 Street Miami, Florida 33137, legally described in Exhibit "A" attached hereto and made a part (the "Property"); WHEREAS, the Owner has petitioned the City of Miami for: a) an amendment to Ordinance 10544 of the City of Miami to change the Future Land Use Designation of the Property in the Miami Comprehensive Neighborhood Plan from "High Density Multi Family Residential" to "Restricted Commercial" with an SD-20 Edgewater Overlay District, and b) a change of Zoning for the Property as listed in Ordinance No. 11000, as 1 je..(2.244 6a, amended the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations from "High Density Multi Family Residential" to "Restricted Commercial" with an SD-20 Edgewater Overlay District (lot 9 of the Bankers Park Amended Plat recorded at Plat Book 2 page 53); WHEREAS, the owner is desirous of making a binding commitment to assure that the Property shall be developed in accordance with the provisions of this Declaration. NOW THEREFORE, the owner voluntarily covenant and agree that the Property Shall be subject to the following restrictions that are intended and shall be deemed to be covenants running with the land and binding upon the Owner, its successors in the interest and assigns, as follows: 1. Recitals. The recitals and findings set forth in the preamble of this Declaration are true and correct and are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 2. Use. Owner covenant that the Property shall be developed under the regulations of the C-1 Restricted Commercial Zoning district. Notwithstanding other uses permitted in the C-1 District, Owner covenants and agrees that only the following Principal Uses shall be permitted on the Property: 1. Business, professional, medical, or government / offices. 2. Residential use. 3. A sign on the building shall be no larger than 36 inches by 36 inches. This sign will only be used to identify the company name, building and or address. And will be the style of a bronze plack, placed ether side of the front entrance. Additionally this "one" sign, will be the only sign allowed on the exterior of this property. 2 The following Principal Uses shall not be permitted on the Property: 1. Sale of foods and alcoholic beverages. 2. The sale of retail services and goods. 3. Savings and loan institution, credit union office and bank. 4. Fire station. 5. Community centers, public library and museum. 6. Public park and playground. 7. Athletic field and baseball field. 8. Repair services. 9. Funeral home and mortuary. 10. Greenhouse, nursery and or hydroponics farm. 11. Hospital. 12. Communications towers, earth stations and the like. 13. Storage of property, which is not the property of the land owner. 14. Public utility station. 15. Kennel. 16. School 17. Church, parish hall, temple, convent and monastery. 3. Effective Date. This instrument shall constitute a covenant running with the title to the Property and shall be made binding and shall be recorded upon Owner, their successors and assigns upon recordation in the public Records of Miami -Dade County, Florida. These restrictions shall be for the benefit of, and a limitation upon, all present and future Owners of the Property and for the public welfare. 4. Term of Covenant. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner of the Property, its successors in interest and assigns and shall be binding upon them for an initial period of thirty (30) years from the date this instrument is recorded in the pubic records and shall 3 be automatically extended for successive periods of ten- (10) years, unless modified, amended or released prior to the expiration thereof. 5. Inspections. It is understood and agreed that any official inspector of the City of Miami may have the right at any time during normal working hours to enter upon the Property for the purpose of investigating the use of the Property, and for determining whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. 6. Enforcement. An action to enforce the terms and conditions of this Declarations, including failure to record the Declaration, may be brought by the City of Miami and may be by action at law or in equity against any party or person violating or attempting to violate any covenants of this Declaration or provision of the building and zoning regulations, either to restrain.violations or to recover damages. This enforcement provision shall be in addition to any other remedies available under the law. In any injunctive action relating to this Declaration, the Owner, its successors and assigns shall stipulate to a maximum $1,000.00 bond to be provided by any parties. 7. Modification, Amendment, Release. This Declaration of Restrictions may be modified, amended or released as to the land herein described, or any portion thereof, by a written instrument executed by the then Owner(s) of the property, provided that the same is also approved by the Miami City Commission, after public hearing. 8. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. 9. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner, no later than thirty days after the zoning change is approved by the Miami City Commission. In the event that a court of competent jurisdiction rescinds or quashes this approval, it is expressly understood that this Declaration is void and of no legal force and effect and that the Owner and /or his assigns and successors may file and record any documents which are necessary to void the legal effect of this Declaration. IN WITNESS WHEREOF, the undersigned has set his hand and seal this 11 day of 2004. Witnessed by: Name: NAiti, mk.€7/7 Name: 5 STATE OF FLORIDA ) SS: COUNTY OF MIAMI- DADE The foregoing instrument was acknowledge before me this I I day of 11.)141� , 2004 by D ht.! A R,I' '/ . He personally appeared before me, is personally know to me . My commission expires: Dta) t4 1200(c> Witnessed by: Name: Name: STATE OF FLORIDA ) ss: COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged ;Iv N, 2004 by ' P� MVM310 me, is personally know to me er-produeed My commission expires: Vol1LI 12 0(o 6 XC u . Name: N rot4iQ P.uLL.oN Notary Public, State of Florida Commission No. "Tiri •* Antonio Grullon Comnmission f DD114484 Bonded ibrn Atlantic Bordingco..Zhe. before me this 11 day of . He personally appeared before Name: 41/4nr-t-1JN+t 6I2ut_LoNi Notary Public, State of Florida Commission No. �.. r "0 Antonio Grullon =moo commission* D6114464 % s' Bonded 7tett �''4°M►• Atlantic BondingCo„Inc. EXHIBIT "A" LEGAL DESCRIPTION Lot 9 of BANKERS PARK AMENDED PLAT, according to the plat thereof, recorded in Plat Book 2, at page 53 of the Public Records of Dade County, Florida. OR 339 NE 28 Street, Miami, Florida 33137 01-3230-017-0080 7