HomeMy WebLinkAboutR-05-0204City of Miami
Legislation
Resolution: R-05-0204
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00522 Final Action Date: 3/24/2005
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 "EXHIBITA",
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 Office of the City Attorney 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.
City of Miami
Page 1 of 2 File Id: 04-00522 (Version: 1) Printed On: 11/2/2016
File Number: 04-00522 Enactment Number: R-05-0204
Section 2. The modification of the Declaration of Restrictive Covenant dated September 18,
1992, and recorded in Official Records Book 15663, Page 0716-0720, 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 allow a six-foot
aluminum fence with a gate for pedestrian ingress and egress along the southern property line
parallel to Southwest 22nd Terrace. Said fence shall incorporate landscaping on both sides in
accordance with a landscape plan to be approved by the Administration.
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}
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 File Id: 04-00522 (Version: 1) Printed On: 11/2/2016