HomeMy WebLinkAboutSubmittal (3)This instrument prepared by
and when recorded return to:
Ben Fernandez, Esq.
Bercow & Radell, PA
200 South Biscayne Boulevard
Suite 850
Miami, Florida 33131-5340
SUBMITTED INTO THE
PUBLIC RECORD FOR
ITEM Pz. n ON 7-071-o
cl. c5-zo
(Space Above For Recorder's Use Only)
DECLARATION OF USE RESTRICTIONS
The undersigned, as Owner (the "Owners") 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: 1622, 1630 & 1632 NW 22nd Avenue, Miami, Florida.
IN ORDER TO ASSURE the City of Miami,its successors and assigns 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. That Development on the property shall not exceed a maximum height of
120 feet;
2. That the Property shall be developed with no more than 136 residential
units;
3 That any parking garage shall be entirely lined with habitable space along
waterfront areas;
4. That the owners shall not apply for any variances from the City of Miami
Zoning Ordinance in relation to residential development on the Property;
and
5. That any building on the Property shall be setback a minimum of 20 feet
from the edge of water; and the setback area shall incorporate enhanced
greenscapes;
A. Conditions Precedent. This Declaration shall become final and shall be recorded
in the Public Records of Miami -Dade County, Florida upon the approval by the
City Commission of the City of Miami, and expiration of all applicable appeal
periods of this Modification of Declaration of Restrictive Covenants.
B. Covenant Runninz 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, amended 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.
C. Modification, Amendment, Release. 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
..0
such modification, amendment or release, providing that same has been approved
0.
c 5 by the City of Miami City Commission after a public hearing which public
0 44.
hearing shall be applied for at the expense of the Owners. Upon approval of such
modification amendment or release as specified herein, the Director of the City of
"C Miami's Planning Department or his successor shall execute a written instrument
C2 a.
.12 8 E
in recordable form effectuating and acknowledging such modification,
amendment or release in a form acceptable to the City Attorney.
D. Enforcement. Enforcement shall be by action against any parties or person
violating, or attempting to violate, any covenants. This enforcement provision
shall be in addition to any other remedies available at law or in equity or both.
E. Authorization to Withhold Permits or Inspections-. In the event the twits 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.
F. Term. This declaration shall run with the land and shall be binding on all parties
and all persons claiming under it for the period of time as stated in the Declaration
of Restrictive Covenants recorded at Official records Book 15663, Page 0716 of
the Official Records of Miami -Dade County on September 28, 1992, unless an
instrument signed by the then Owners of the Property is 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.
G. 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.
H. 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.
L 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.
[Execution Pages Follow
Submitted Into the public
record in connection ith
item PZ .11 on -I s
Priscilla A. ThoFnpon
City Clerk
ACKNOWLEDGMENT
INDIVIDUAL
Signed, witnessed, executed and acknowledged on this
, 2005.
SSES:
Si'Ti re
Print Nam
Si
P'tName
STATE OF Fie, /0/4
COUNTY OF IT I-2iLd
day of
1622 lnvestment Corp.
The foregoing instrument was acknowledged before
who is personally known to me or has produced
Witriess my signaand official seal this 0,/.5*-- day of
in the County and State aforesaid.
Charlene R. Fos
• My Commission D0254867
Expires October 01, 2007
My Commission Expires:
Submitted Into the public
-
record in connection ith
item fk.11on 1 .9-*
Priscilla A. Tho p n
City Clerk
me by Ediareio
, as identification.
, 2005,
Atezt.JJ
Notary Public -State of r707-7‘01-.<
/e,
Print Name
ACKNOWLEDGMENT
INDIVIDUAL
Signed, witnessed, executed and acknowledged on this
', 2005.
WIT k1 ES:
Signa
l‘cf€2..
Print Name
STATE OF F4 rtC/4
day of
Submitted Into the public
record in connection vxith
item ?Z•11 on lAePlos'
Priscilla A. Thompson
City Clerk
COUNTY OFM;a rY1 Da_cil
The foregoing instrument was acknowledged before me by JOSe- p.
who is personally known to me or has produced , as identification.
Witness my signature and official seal this day of , 2005,
in the County and State aforesaid.
Challene R. Fox
My Commission D0254567
•res cower 0.1, 2007
My Commission Expires: / 0- 01
glit-44Avic) g-64
Notary Public -State of RoKicilL...
Print Name
4)1
ACKNOWLEDGMENT
INDIVIDUAL
Signed, witnessed, executed and acknowledged on this 0 6 day of
2005.
WIT SSES:
Print Na
Signa
,•&
Print Name
STATE OF 11— r-7
Submitted Into the public
record in connection vith
item ? Z. jb5
Priscilla A. Thompson
City Clerk
COUNTY OF or - DoLati—
The foregoing instrument was acknowledged before me by Ate -iv Yet..4,
Who is personally Icnown_tome.or has produced , as identification.
Witness my signature and official seal this day of , 2005,
in the County and State aforesaid.
DD2
ot, 2007
Notary Public -State of
CA
Print Name
My Commission Expires: 10-0 0 7
Si
ACKNOWLEDGMENT
INDIVIDUAL
d, witnes‘ged, executed and acknowledged on this
, 2005.
js
Sign
Print Name
STATE OF Florlet
COUNTY OF m
The foregoing instrument was acknowledged before
who is personally known to me or has produced
tness my signa e an official seal this 02,411 day of
in the County and State aforesaid.
R. Fox
ommission DD254867
October 01, 2007
My Commission Expires:
D- V -
day of
Submitted Into the public
record in connection 1 ith
item P2. t on
Priscilla A. Thompson
City Clerk
me by 1:21.ricl‹. fr-A kv..2
, as identification.
, 2005,
JA,
Notary Public -State of Ftoil'eL.-_
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Print Name