The URL can be used to link to this page

Home My WebLink Aboutcovenant• 92R360717 1992 SEP 28 16:09 OFF.1666 t0T 16 REC. DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (the "Declaration") made this day of 5Tu4-6�3.992, by Raul and Luis Galindo (the "Owners"), in favor of the City of Miami, Florida, a municipality of the State of Florida (the "City"). W 1TN E S S E T H: WHEREAS, the Owners hold Fee -simple title to certain property in the City of Miami, Florida, located at 2947-49 S.W. 22nd Terrace, Miami, Dade County, Florida, and legally described as Lot 30, less the South eleven (11) feet thereof, in Block 2, of AMENDED PLAT OF MIAMI SUBURBAN ACRES, according to the Plat thereof, as recorded in Plat Book 4, at Page 73 of the Public Records of Dade County, Florida (the "Property"); and WHEREAS, the Owners are presently applicants, before the City of Miami City Commission for a change of zoning classification in the Official Zoning Atlas of the City of Miami, from Duplex Residential to Restricted Commercial for the above -described Property, (the "Change of Zoning Classification"); and WHEREAS, the Owners are 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 Owners 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 bindingupon the Owners of the Property, and their successors and assigns as follows: Prepared by: A. Vicky Leiva, Esq. Ferrell, Cardenas, Iertel & Morales 1920 Miami Center 201 South Biscayne Boulevard Miami, Florida 33131 Phone: (305) 371-8585 1 Nf C. 15663[07I7 A. The recitals and findings set forth in the preamble to this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. B. Landscape Buffer and Wall. Prior to the issuance of any building permits on the Property, Owners shall obtain approval of a landscape plan (the "Landscape Plan") from the City of Miami Planning, Building and Zoning Department which Landscape Plan shall reflect a twenty (20) foot wide landscaped buffer (the "Buffer") along the entire southern boundary of the Property adjacent to and along S.W. 22nd Terrace. The Buffer shall contain landscaping (the "Landscaping") inclined towards an eight foot high masonry wall (the "Wall") which Owners shall construct at the northern boundary of the Buffer, as well as on the property line at the eastern and western boundaries of the property. The Landscaping shall be installed in conformity with the Landscape Plan. The Owners, their heirs or assigns, shall be responsible for the permanent maintenance of the Landscaping. Maintenance shall include, but not be limited to, removal of any grafitti from the Wall and care for all Landscaping within the Buffer. The Owners further agree that, if it becomes necessary for the City, at the City's discretion, to maintain said Wall and Landscaping due to the Owners'. failure to do so, any reasonable maintenance costs, for an amount not to exceed Five Thousand Dollars ($5,000.00) per year, shall be paid by the Owners. The construction of the Wall and the installation of the Landscaping shall be completed within ninety (90) days from the final approval of the Change of Zoning Classification. C. Vehicular Access Limitation. No vehicular access for ingress or egress shall be permitted to or from the Property, to or from S.W. 22nd Terrace. D. Performance Bond. Prior to the issuance of any building permits on the Property, the Owners shall post a Five Thousand ($5,000.00) Dollars Performance Bond (the "Bond"), in a form acceptable to the City Attorney of the City of Miami, for a period of five-(5)c':.years from the date of this instrument's recordation 2 0: 15663Pf07 I b• in the Public Records of Dade County, which Bond shall be forfeited to the City of Miami if any of the conditions herein contained are breached by the Owner during said 5-year period of time. E. Effective Date. If the City Commission of the city of Miami approves the Owners' pending Change of Zoning Classification, and after said approval has become final and non - appealable, this instrument shall constitute a covenant running with the title to the Property and be binding upon the Owners, their successors and assigns. These restrictions shall be for the benefit of and limitation upon all present and future owners of the Property and for the public welfare. F. Amendment and Modification. This instrument may be modified, amended or released as to any portion of the Property by a written instrument executed by the then owners of the fee simple title to the land to be affected by such modification, amendment or release providing that same has been approved by the City of Miami Commission after public hearing, which public hearing shall be applied for and at the expense of the Owners. Should this instrument be so modified, amended or released, the Director of the City's Planning, Building and Zoning Department or his successor, shall execute a written instrument in recordable*form effectuating and acknowledging such modification, amendment or' release. G. Term of Covenant. This voluntary covenant on the part of the Owners shall remain in full force and effect and shall be binding upon the Owners, their successors and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the public records and shall be automatically extended for successive periods of ten (10) years thereafter unless modified, amended or release prior to the expiration thereof. H. Inspection f and Enorcement. 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 of entering and investigating the use of the Priperty to determine whether the conditions!of;this Declaration and the requirements of the City's 3 F• 1566 c0719 NEC. building and zoning regulations are being complied with. An enforcement action may be brought by the City or by any property owner within 375 feet of the Property 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 provisions of the building and zoning regulations, either to restrain violations or to recover damages. The prevailing party in the action or suit shall be entitled to recover costs and reasonable attorneys fees. This enforcement provision shall be in addition to any other remedies available under the law. I. 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. J. Recording. This Declaration shall be filed of record among the Public Records of Dade County, Florida, at the cost of the Owners. IN WITNESS WHEREOF, the undersigned have set their hands and seals this P-0u-' day of 5 hda - Witnesses: STATE OF FLORIDA COUNTY OF DADE } ) SS: RAUL SAL 19/Z-. ke) Before me, the undersigned authority, personally appeared RAU,�, GALINDO, who acknowledged on this tf/I✓ day of 54 a.,nher-- , 19 9,2_, that he executed the foregoing instrument for the.purpmes expressed therein. '•• My Commission Expires: NOTARY PUBLIC SfA78 OF MOEDA •MY COMMON EXtP.AUC. 22,2993 !KAYOED11U:U C EY2itAL MS. Ma 4 •" 1 :: id3 A • . . °IL 1568,1E072? Witnesses: STATE OF FLORIDA COUNTY OF DADE SS: Before me, the undersigned authority, personally appeared LUIS GALWO, who acknowledged on this *4.) day of SaVforx&r- 19 y2..,; that he executed the foregoing instrument for the„.purposps expressed therein. • ........ Ca • r E te. of Fioractav - q*, My.Commission Expires: - • .. NOTARY FIRILIC srATROPFLORMA MY COMM1.24CN IFXP.AUC. 2:41145 AOLTEIMUM 5 00210t0 IN OfIICIAt O. OADt Counqt. 14 ItC0110 Vtillif0 - Cleti of Circuit & County •k Courtv .