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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.-_ k44e.-,_ Print Name