HomeMy WebLinkAboutDeclaration of Restrictive CovenantSUBMITTEDINTOTHE
PUBLIC RECORD FOR
lTEMpON s�s�v,
This instrument was prepared by:
Name: Ben Fernandez, Esq.
Address: Bercow & Radell, P.A.
200 S. Biscayne Boulevard, Suite B50
Miami, FL 33131
(Space reserved for Clerk)
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (the "Declaration") made this day
of May 2006, by Premier Management and Investment Companies, Inc. (hereinafter
referred to as the "Owner"), is in favor of the CITY OF MIAMI, FLORIDA, a municipality
located within the state of Florida (hereinafter referred to as the "CITY").
WITNESSETH
WHEREAS, the Owners sought and obtained a rezoning pursuant to Ordinance
No. , for the property located at and being legally described as:
(See attached exhibit "A").
WHEREAS, on , 2006 the City Commission approved the
rezoning of the Property to
WHEREAS, the Owner is desirous of making a voluntary binding commitment to
assure that the Property shall be developed in accordance with the provisions of the
Declaration herein.
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006., 06- bo34(.Ll.
NOW THEREFORE, the Owner voluntarily covenants and agrees that the
Property shall be subject to the following restrictions that are intended and shall be
deemed to be a covenant running with the land and binding upon the Owner of the
Property, and its heirs, successors and assigns as .follows:
Section 1. The recitals and findings set forth in the preamble of this Declaration
are hereby adopted by reference thereto and incorporated herein as if fully set forth in
this Section.
Section 2. The Owner hereby makes the following voluntary declarations
running with the land concerning the use of the Property:
A. The applicant shall provide a liner of town homes along NW Flagler
Terrace.
B. The maximum height of any development located within the first twenty-
five (25) feet from Flagler Terrace shall not exceed fifty (50)feet in height
and the following fifty (50) feet shall not exceed 50 feet in height.
C. The Applicant shall complete the City of Miami's Internal Design Review
process prior to applying for a building permit consistent with the C-1
Zoning district.
D. The maximum building height shall not exceed a height above a sixty-
three degree (63°) angle line commencing from the north setback line and
sloping towards Flagler Street.
E. The undersigned further agrees that these conditions, restrictions and
limitations shall be deemed covenants running with the land, shall be
recorded in the Public Records of Miami -Dade County, and shall remain in
submittecl Into the p—tia4
record in connection with
item `PZ•'-8 on s-as-o�
Priscilla A. Thompson
City Clerk
full force and effect and be binding upon the undersigned, their heirs and
assigned until such time as the same may be released in writing by the
City of Miami City Commission after a public hearing which public hearing
shall be applied for at the expense of the Owners or his/her designated
representative.
Section 3. Effective Date. This Declaration is effective at the date of execution
hereof. This instrument shall constitute a covenant running with the title to the Property
shall be binding upon Owners, their successors and assigns. These restrictions shall
be a limitation upon all present and future Owners of the Property and shall be for the
public welfare.
Section 5. Amendment and Modification. 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 such
modification, amendment or release, providing that same has been approved by the
City of Miami Zoning Board or City Commission after a public hearing which public
hearing shall be applied for at the expense of the Owner. Upon approval of such
modification amendment or release as specified herein, the Director of the City of
Miami's Planning Department or his successor shall execute a written instrument in
recordable form effectuating and acknowledging such modification, amendment or
release.
Section 6. Inspection and Enforcement. An enforcement action may be
brought by the City by action in law or in equity against any party or person violating or
attempting to violate any covenants of this Declaration, or provisions of the building and
Submitted Into the public
record in connection with
item P L. i4 on
Priscilla A. Thompson
City Clerk
zoning regulations, either to restrain violations or to recover damages. The prevailing
party in the action or suit shall be entitled to recover costs and reasonable attorney's
fees. This enforcement provision shall be in addition to any other remedies available
under the law.
Section 7. Severabilitv. Invalidation of any one of these covenants by judgment
of Court shall not affect any of the other provisions of the Declaration, which shall
remain in full effect.
Section 8. Recording. This Declaration shall be filed of record among the
Public Records of Miami -Dade County, Florida, at the cost of the Owners.
[Signature Pages to Follow]
Submitted into the public
record in connection with
item 1Z.1-S on s19-5) ob
Priscilla A. Thompson
City Clerk
ACKNOWLEDGMENT
CORPORATION
Signed, witnessed, executed and acknowledged on this day of
, 2006.
Witnesses:
Signature Premier Management and
Investment Companies, Inc.
Print Name Carlos Gil, Principal
Address:
Signature
Print Name
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by Carlos Gil, the Principal of
Premier Management and Investment Companies, Inc., on behalf of the corporation.
He is ❑ personally known to me or ❑ has produced , as
identification.
Witness my signature and official seal this day of 2006, in the
County and State aforesaid.
Notary Public State of
My Commission Expires: Print Name
Submitted Into the public
record in connection with
item 'Pt. -S on
Priscilla A. Thompson
-�-,City Clerk
110763 PG.1482
F,XIIII IT "A"
LEGAL DESCRIPTION
A parcel of land, the some being nil of Lots 7 and 8 and a portion of Lots 6 and 9, Block
10, CHURCHILL ESTATES, according to Plat Book 44, at Page 64 of the Public Records of
Dade County, Florida, more particulurly described as follows: Beginning at a point on the
southerly line of Block 10, CHURCHILL ESTATES, Plat Book 44, el Page 64 of the Public
Records of Dade County, Florida, 44.00 feet East of the Southeast comer of Lot 8, Block 10,
aforesaid, CHURCHILL ESTATES; thence West along the southerly line of aforesaid Block 10,
89,46 feet to the P.C. of n circular curve to the right, (raving for its elements a central angle of
88°55'31", a radius of 25.0 fact and a tangent of 24.54 feet; thence along the arc of said curve to
the right u distance of 38.80 feet to the P.T. of aforesaid curve; thence North 1°04'29" West
along the westerly line of aforesaid Block 10, a distance of 149.99 feet to the P.C. of a circular
curve to the right, having for its elements u central angle of 91 °04'29", a radius of 25.0 feet and a
tangent of 25.47 feet; thence along the arc of said curve to the right, a distance of 39.74 feet to
I11c P.T. of afaresuid curve; thence East along the northerly line of aforesaid Block 10, a distance
of 92.28 feet; thence South perpendicular to the North line of uforesuid Block 10, 199.965 feet to
Ilro point of beginning; and
A parcel of land, the same being all of Lots 5 and 10 and a portion of Lots 4, 6, 9 and 11,
Block 10, CHURCHILL ESTATES, according to Plat Book 44, at Page 64 of the Public Records
of Dade County, Florida, more particularly described as follows: Beginning at a point on the
southerly line of Block 10, aforesaid, CHURCHILL ESTATES, 26.00 feet West of lire
Southwest comer of Lot 10, Block 10, aforesaid, CHURCHILL ESTATES; thence North
perpendicular to the South line of aforesaid Block 10, 199,965 feet to the northerly line of
aforesaid Block 10; thence East along the northerly line of aforesaid Block 10, 130.00 feet;
thence South perpendicular to the North line of aforesaid Block 10, 199.965 feet to the southerly
line of aforesaid Block 10; thence West along the southerly line of aforesaid Black 10, 130.00
feet to the point of beginning.
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Submitted Into the public
record in connection with
item
Priscilla A. Thompson
City Clerk