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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 04-00522 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A MODIFICATION TO A DECLARATION OF RESTRICTIVE
COVENANT ("ZONING COVENANT") DATED SEPTEMBER 28, 1992 AND
RECORDED IN OFFICIAL RECORDS BOOK 15663, PAGE 0716-0720, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 2947-2949 SOUTHWEST 22ND
TERRACE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED"EXHIBIT A",
IN ORDER TO AMEND CERTAIN SECTIONS OF THE COVENANT IN THE
MANNER DESCRIBED THEREIN.
WHEREAS, the properties located at approximately 2947-2949 Southwest 22nd Terrace,
Miami, Florida (the "Property"), more particularly described in attached "Exhibit A," are subject to a
Declaration of Restrictive Covenant ("Zoning Covenant"), dated September 28, 1992, and
recorded in Official Records Book 15663, Page 0716-0720, of the Public Records of Miami -Dade
County, Florida; and
WHEREAS, in 1992 relative to a requested re -zoning the City changed the zoning
classification of this property from Duplex Residential to Restricted Commercial; and
WHEREAS, at that time the property owners voluntary proffered to the City a Declaration of
Restrictive Covenants, dated September 28, 1992, (the "Covenant"), which is deemed as being
incorporated by reference as if set forth in this section, and the Covenant included the
maintenance and establishment of an eight (8) foot high CBS block wall along the 22nd Terrace
frontage, and the Covenant prohibited vehicular access to and from this property commonly
known as the Latin American Restaurant -Cafeteria, through SW 22nd Terrace; and
WHEREAS, the Law Department will review the Modification of the Covenant is subject to
being approved as to legal form and correctness by the City Attorney; 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
Modification to the Zoning 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 Declaration of Restrictive Covenant dated September 18,
City of Miami
Page 1 of 2 Printed On: 6/10/2004
File Number: 04-00522
1992, and recorded in Official Records Book 15663, Page 0717-0720, to amend the Covenant for
the property located at approximately 2947-2949 Southwest 22ND Terrace, Miami, Florida (the"
Property"), legally described in attached "Exhibit A," is granted in order to relocate the block wall,
the buffer and the Landscaping, all as defined in the Covenant to the rear of the property which
faces SW 22nd Terrace. The patrons of Latin America Cafeteria may exit from the restaurant
through SW 22ND Terrace. Prominent signage to be installed and maintained by the owner, in
compliance with applicable city laws and regulations, shall announce limited vehicular use to
exiting from SW 22nd Terrace. No entrance or arrival to Latin America Cafeteria will be allowed
from SW 22nd Terrace.
Section 3. Except as expressly modified all provisions of the Covenant continue in
operative force and effect.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor. {1}
APPROVED AS TO FORM AND.CORRECTNESS:
ALEJANDRO VILARELLO
CITY ATTORNEY
ffr)iZ.
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 Printed On: 6/9/2004