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Home My WebLink Aboutsubmittal - 2This instrument prepared by and when recorded return to: Carter N. McDowell, Esq. Bilzin Sumberg Baena Price & Axelrod LLP 200 South Biscayne Boulevard Suite 2500 Miami, Florida 33131-5340 (Space Above For Recorder's Use Only) DECLARATION OF RESTRICTIONS The undersigned, Ransom Everglades School, Inc., as Owner ("the Owner") of the following described real property (the "Property"), lying, being and situated in the City of Miami, Miami -Dade County, Florida, and legally described on Exhibit A. Street Address: 2015, 2035 and 2045 South Bayshore Drive and 1990, 2000 and 2020 Tigertail Avenue, Miami, Florida. IN ORDER TO ASSURE the City of Miami that the representations made to them by the Owner will be abided by, the Owner, its heirs, successors or assigns freely, voluntarily and without duress makes the following Declaration of Restrictions covering and running with the Property: (1) Notwithstanding the land use and zoning applicable to the Property, the use of the Property shall be limited to (a) primary and secondary school uses; (b) uses customarily and traditionally associated with private primary and secondary school uses; and (c) uses permitted in the R-1 Single Family Residential District. (2) The Owner agrees that the use of the Property shall be limited as follows: (a) no dormitories or student housing; (b) no stadium or similar facility with lighting; (c) no buildings exceeding 35 feet in height above grade adjoining the building except for the gymnasium building which shall be limited to 55 feet and the future renovation and modification of the existing auditorium which shall be limited to no more than 45 feet; (d) no buildings within 100 feet from a property line exceeding 35 feet in height; (e) there shall be a minimum of sixty-five percent (65%) green space on the Property; (f) there shall be a landscape buffer along both Tigertail Avenue and Emathla Street which shall substantially conform to the sketch attached as Exhibit B; and (g) there shall be a landscape buffer substantially in accordance with Exhibit C along the northeast boundary of the property abutting land not owned or controlled by Owner. \73190/10765 # 670026 v 9 7/22/04 2:48 PM 0 q - 66 Ss-q- „04,a-rn -Z SUBMITTED INTO THE PUBLIC RECORD FOR ITEMpz. ON 7-aa-oy (3) Conditions Precedent. This Declaration shall become final and shall be recorded in the Public Records of Miami -Dade County, Florida within sixty (60) days of, and is expressly subject to and conditioned upon, the approval by the City Commission of the City of Miami and/or the Zoning Board, and expiration of all applicable appeal periods of (a) the redesignation of the Future Land Use Designation of Lot 9 and the 15 foot wide alley between Lot 9 and Lot 14, of Block "A" of the Plat of Biscayne Park Terrace Subdivision as Major Institutional Public Facilities, Transportation and Utilities; (b) zoning of Lot 9 and the 15 foot wide alley between Lot 9 and Lot 14, of Block "A" of the Plat of Biscayne Park Terrace subdivision to G/I Government and Institutional; (c) approval of special exception(s) for expansion of a G/I use and approval of a school use as may be applicable substantially as shown on the plans on file with the City for the Property; (d) special certificate of approval from the Historic and Environmental Preservation Board for the Property; and (e) any other special permits for the Property required by the Zoning Ordinance of the City of Miami; (4) Covenant Running with the Land. This Declaration on the part of the Owner shall constitute a covenant running with the land and shall be recorded by the Owner at his expense in the public records of Miami -Dade County, Florida and shall remain in full force and effect and be binding upon the Owner and its heirs, successors and assigns, until such time as the same is modified or released. These restrictions shall be for the benefit of, and limitation upon, all present and future Owner(s) of the Property and for the public welfare. (5) Modification, Amendment, Release. This Declaration may be modified, amended or released (a "modification") as to the Property, or any portion thereof, by a written instrument executed by the then Owner(s) of the Property including joinders of all mortgages, if any, provided that the same is also approved by the City of Miami City Commission, after public hearing with, at a minimum, written notice to all property owners within 500 feet of the Property shown on the Miami - Dade County tax rolls as of the date of application. Modification of this Declaration shall require the affirmative approval of four (4) members of the City Commission of the City of Miami, including the Commissioner whose district includes the Property. Should this Declaration of Restrictions be so modified, amended or released, the City Attorney will execute a written instrument in a form acceptable to him or her, effectuating and acknowledging such modification, amendment or release. (6) Enforcement. The Owner hereby specifically grants the right to enforce this Covenant to the City and Tigertail Emathla Bayshore Neighborhood Association, Inc. (the "Association") or if the Association no longer exists the Coconut Grove Civic Club (the "Club") or, if the Club no longer exists, then the Coconut Grove Village Council. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants. The prevailing party in 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 their attorney. This 2 73190/10765 # 670026 v 9 7/22/04 2:03 PM (7) (8) (9) enforcement provision shall be in addition to any other remedies available at law or in equity or both. Authorization to Withhold Permits or Inspections. In the event the terms of this Declaration are not being complied with, in addition to any other remedies available, the City is hereby authorized to withhold any further permits, and refuse to make any inspections or grant any approvals, until such time as such Declaration is complied with. Term. This Declaration shall run with the land and shall be binding on all parties and all persons claiming under it for a period of forty (40) years from the date the Declaration is recorded, after which time it shall be extended automatically for successive periods of ten (10) years each, unless an instrument signed by the then Owners of the Property has been recorded agreeing to change the covenant in whole or in part, provided that such Declaration has first been modified by the City of Miami, or any such successor municipal corporation. Election of Remedies. 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. (10) Severability. Invalidation of any one of these covenants, by judgment of Court, in no way shall affect any of the other provisions, which shall remain in full force and effect. (11) Recording. This Declaration shall be filed of record in the public records of Miami -Dade County, Florida at the cost of the Owner as provided in Section 3 of this Declaration. The Owner shall furnish a copy of the recorded Declaration to the City. Signed, witnessed, executed and acknowledged this day of , 2004. Owner: Ransom Everglades School, Inc., a Florida not -for -profit corporation STATE OF FLORIDA ) SS. COUNTY OF MIAMI-DADE By: The foregoing instrument was acknowledged before me this day of 2004 by , on behalf of the company, who is personally known to me or produced a valid drivers license as identification. 3 73190/10765 # 670026 v 9 7/22/04 2:03 PM My Commission Expires: Notary Public Sign Name: Print Name: 4 73190/10765 # 670026 v 9 7/22/04 2:03 PM Lots 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and the 15' wide alley between, all being a portion of Block A of the plat of Biscayne Park Terrace Subdivision as recorded in Plat Book 2 at Page 36 of the Public Records of Miami -Dade County, Florida. 8 - DYPSIS LUTESCENS - FG 9'-10' HT 235 - NEPHROLEPIS FALCAT/ 25 - EUGINIA AXILLARIS FG 6'-8' HT 4 - QUERCL S VIRGINIANA 12'-14' HT DECORATIVE FENCE 80 - CALLICkRPA AMERICANA 3 GAL, 24" HT 58 - NEPHROLEPIS EXALTATA /14i 190 - MICROSORIUM SCOLOPEND,RIA 3 GAL, 24" f{IT EXISTING TREES TO REMAIN 198 - PHILODENDRON SE LLOUM 7 GAL, 30" X 30" 48 - ALPINIA ZERUMBET ARIAG A 7 GAL, 48" HT EXHIBIT to 6 3 GAL, 24" HT 25 - PSYCHOTRIA NERVOSA 7 GAL, 48" HT KEY TO DRAWINGS drawing 1 of 8 ransome everglades campus tigertail emathia buffer curtis rogers design studio may 17, 2004 185 - MICROSORIUM SCOLOPENDRIA 3 GAL, 24" HT 35 - CODIAEUM VARIAGATA "MAMMEY" 3 GAL, 18" HT 55 - ALPINIA ZEREMBET VARIAGATA,x" "MAMMEY" 3 GAL, 18" HT 268 PHILOCENDRON XANADU 7 GAL, 18" HT DECORATIVE FENCE 2 - SWIETENIAMAHAGONI 12'-14' HT 35 - CODIAEUM VARIAGATA "MAMMEY" 3 GAL, 18" HT 200 - NEPOROLEPIS EXALTATA 3 GAL, 24" -IT 120-CALLICARPA AMERICA 3GAL 24"HT 7 DECORATIVE FENC 45 - DYPSIS LUTE 42 - NEPHRDLEPIS EXAL 3 GAL, 24" HT EXISTING TREES TO REMAIN .324 n.� smemesum IIMENIMEMEININ ...®. FG I'9'-10' HT KEY TO DRAWINGS drawing 2of8 ransome everglades campus tigertail emathla buffer curtis rogers design studio may 17, 2004 2 - SWIETENIA MAHAGONI 12'-14' HT 40 - EUGINIik AXILLARIS FG, 6'-8' HT DECORATIVE FENCE O 4 - QUERCLS VIRGINIANA 12'-14( HT 20 - DYPSI LUTESCENS 20 - PHILOCENDRON SELLOUM 7 GAL, 30" X 30" 130 - NEPHRDLEPIS FALC 3 GAL, 24" H- TA 20 - MICROSJRIUM SCOLOPE 'RIA 3 GAL, 24" HT • 3 KEY TO DRAWINGS drawing 3 of 8 ransome everglades campus tigertail emathla buffer curtis rogers design studio may 17, 2004 , �\ �\� / Jw//iii//�///i///r� z z 0 U_ W 2 a U J (;) 0 N 3 GAL 24" HT 30 - MICROSORIUM SCOLOPENDRIA 3 GAL, 24" HT EXISTING TREES TO REMAIN IVE FENCE O U W 0 ..1.1=1,141101111. di 85 - NEPHROLEPIS FALCA KEY TO DRAWINGS 3 GAL, 24" HT 50 - PSYCHOTRIA NERVOS 7 GAL, 48" HT 3GAL 24"HT w U z w cc O U 0 40 - NEPHROLEPIS E 3 GAL, 24" HT FG 6'-8' HT 0 w 2 - QUERCUS VIRGINIANA - 16' HT drawing 4of8 ransome everglades campus tigertail emathia buffer curtis rogers design studio may 17, 2004 100 wcpxnoLEpmc 3 GAL, 00 2z rn KEY TO DRAWINGS p drawing 5 of 8 ransome everglades campus tigertail emathia buffer curtis rogers design studio may 17, 2004 40)61 .� an Main j � . r 6 KEY TO DRAWINGS §t11�1,®111E SEMI NM #®#E4417 v 101,4* 4 drawing 6 of 8 ransome everglades campus tigertail emathla buffer curtis rogers design studio may 17, 2004 xNmNNxxxxxxxxN\\ IEfiI11� 1uIRMEMMOWARk nn��NxrxNNNN�e� �. /®11'WVSE _ 1' KEY TO DRAWINGS 7 lippvidd ROM _Nx�NxN `� i�0,1111111 Yx/ xNxxxxl MUMMIMMUMF MIMr ANxx■xs::! drawing 7 of 8 ransome everglades campus tigertail emathla buffer curtis rogers design studio may 17, 2004 PLANT LIST QUANTITY BOTANICAL NAME 1 COMMON NAME SPECIFICATIONS TREES 25 QUERCUS VIRGINIANA LIVE OAK 12'-14' HT X 7' SPR. 4 SWIETENIA MAHAGONI MAHAGONY 12'-14' HT X 7' SPR. SHRUBS & GROUNDCOVER 303 ALPINIA ZEREMBET VARIAGATA VARIAGATED GINGER 7 GAL., 48" HT, 24" OC 565 CALLICARPA AMERICANA BEAUTY BUSH 3 GAL., 24" HT, 24" OC 70 CODIAEUM VARIAGATA CROTON 3 GAL., 18" HT, 18" OC 73 DYPSIS LUTESCENS ARECA PALM FG 9'-10' HT, 60" OC 232 EUGINIA AXILLARIS WHITE STOPPER FG 6'-8' HT, 42" OC 775 MICROSORIUM SCOLOPENDRIA WART FERN 3 GAL, 24" HT, 18" OC 440 NEPHROLEPIS EXALTATA SWORD FERN 3 GAL, 24" HT, 18" OC 555 NEPHROLEPIS FALCATA MACHO FERN 3 GAL, 24" HT, 18" OC 162 PHILODENDRON SELLOUM PHILODENDRON 7 GAL., 30"X30", 30" OC 265 PHILODENDRON XANADU PHILODENDRON 7 GAL., 18" HT, 18" OC 188 PSYCHOTRIA NERVOSA WILD COFFEE 7 GAL, 48" HT, 36" OC drawing 8of8 ransome everglades campus tigertail emathla buffer curtis rogers design studio may 17, 2004 30- CAPPARIS CYNOPHALLOPHORA FG - 6-8' HT 145- NEPHROLEPIS FALCATA 3 GAL - 24' HT 15 - PSYCHOTRIA NERVOSA 7 GAL 42'-48' HT Ii I 75 - NEPHROLI,'EPIS EXALIATA 3 GAL! 18" IjIT 24" MULCHED VISIBLE I !SAFETY ONE 45 - GALLICARPA AMERICANA 16 - EUGENIA FOETIDA 1- CHRYSOPHYLLUM OLIVIFORMS - 12.-14' HT 1 BURSE SIMARUBA 12-14' HT 36- TRIPSACUM 38- EPHROLEPIS FLORIDANUM -- EXALTATA 3 GAL 18" FIT 3 GAL 24" MIN -HT 2- CHRYSOBALANUS ICACO GAL 24' MIN HT 180 MICROSORUM SCOLOPENDRII/M 31GAL;24' MIN HT 1 9-EUGENIAIAXILLARIS' FG 678' I15 - PSYCHOTRIA NERVOSA 71GAL!42'-48' HT 3- BURSERA SIMARUBA- 12'-14' HT 1!i!r '` eat:uo �aaa 1¢u a �u rsee:444 / '-C 48 - TRIPSACUM FLORIDANUM 3 GAL24" MIN HT 200 - NEPHROLEPIS FYG1 TATA 3 GAL 18 II HT SOUTH BAYSHORE drawing 1 of 3 ransom everglades campus banyan bluff buffer curtis + rogers design studio may 17, 2004 50 - TRIPSACUM FLORIDANUM 3 GAL 24" MIN HT 20 - EUGENIA AXILLARIS FG 6'-8' 6 - PSYCHOTRIA NERVOSA 7 GAL 42'-48' HT 1- BURSERA SIMARUBA- 12'-14' HT ERICANA 40- HAMALIA FATTENS 3 GAL - 24" HT 32 - TRIPSACUM FLORIDANUM 3 GAL 24"MIN HT 3- OUERCUS VIRGINIANA- 12'-14' HT 110- NEPHROLEPIS EXALTATA 3 GAL 18" HT 25 - ZAMIA MARITIMA 45- CALLICARPA AMERICANA 36 - TRIPSACUM 3 GAL 24"HT 7 GAL, 24' X 24 1- CHRYSOPHYLLUM OLIVIFORMS - 12'-14' HT 1 COCOLOBA 16- CALYPTRANTHES PALLENS 7 GAL, 6' HT DIVERSIFOLIA - 12'-14' HT 2- BURSERA SIMARUBA - 12'-14HT 26 - TRIPSACUM FLORIDANUM 3 GAL 24" MIN HT 60- CHRYSOBALANUS ICACO 3 GAL, 24" MIN HT 15 - EUGENIA AXILLARIS FG EXISTING TREES TO REMAIN FLORIDANUM 3 GAL 24" MIN HT 1- COCOLOBA DIVERSIFOLIA - 12'-14' HT btu drawing 2 of 3 ransom everglades campus banyan bluff buffer curtis + rogers design studio may 17, 2004 PLANT LIST QUANTITY BOTANICAL NAME COMMON NAME SPECIFICATIONS TREES 2 COCOLOBA DIVERSIFOLIA PIGEON PLUM 12'-14' HT, 5' SPR. 7 BURSERA SIMARUBA GUMBO LIMBO 12'-14' HT. X 7' SPR. 3 CHRYSOPHYLLUM OLIVIFORMA SATIN LEAF 12' 14' HT. X 6' SPR. 3 QUERCUS VIRGINIANA LIVE OAK 16' HT. X 7' SPR. SHRUBS & GROUNDCOVER 16 CALYPTRANTHAS PALLENS SPICEWOOD 7 GAL., 6' HT, 42" OC 108 CALLICARPA AMERICANA BEAUTY BUSH 3 GAL., 24" HT, 24" OC 46 CAPPARIS CYNOPHALLOPHORA JAMAICAN CAPER FG, 6'-8' HT„ 42" OC 72 CHRYSOBALANUS ICACO COCOPLUM 3 GAL., 24" HT, 24" OC 62 EUGINIA AXILLARIS WHITE STOPPER FG 6'-8' HT, 42" OC 260 HAMALIA PATENS FIREBUSH 3 GAL, 24" HT, 24" OC 100 MICROSORIUM SCOLOPENDRIA WART FERN 3 GAL, 24" HT, 18" OC 688 NEPHROLEPIS EXALTATA SWORD FERN 3 GAL, 24" HT, 18" OC 145 NEPHROLEPIS FALCATA MACHO FERN 3 GAL, 24" HT, 18" OC 36 PSYCHOTRIA NERVOSA WILD COFFEE 7 GAL, 48" HT, 36" OC 228 TRIPSACUM FLORIDANUM FLORIDA GAMA GRASS 3 GAL, 24" HR, 24" OC 60 ZAMIA MARITIMA CARDBOARD PLANT 7 GAL, 24"X24", 24" OC ransom everglades campus drawing 3 of 3 banyan bluff buffer curtis + rogers design studio may 17, 2004