HomeMy WebLinkAboutSubmittal Declaration of RestrictionsThis instrument prepared by and
should be returned to:
Santiago D. Echemendia, Esq.
Tew Cardenas, LLP
1441 Brickell Avenue
Four Seasons Tower, 159' Floor
Miami, Florida 33131
SUBMITTED INTO THE
PUBLIC RECORD FOR
ITEMpz ON 747-04
8+9
(Space Above For Recorder's Use Only)
DECLARATION OF RESTRICTIONS
The undersigned, as Owner of the following described real property (the
"Property"), lying, being and situated in the City of Miami, Miami -Dade County, Florida,
and legally described as:
Lot 44 and 45 in Block 7 of MIAMI SURBURBAN ACRES AMENDED,
according to the Plat thereof, as recorded in Plat Book 4, at Page 73 of
the Public Records of Miami -Dade County, Florida.
Street Address: 3690 Southwest 23rd Terrace
IN ORDER TO ASSURE the City of Miami that the representations made to
them by the Owner regarding Application No. LU-2005-08 (as to the proposed land use
change) and Case No. 2005-0980 (as to the proposed rezoning) will be abided by, the
Owner, its heirs, successors and assigns, freely, voluntarily and without duress makes
the following Declaration of Restrictions covering and running with the Property:
That this Declaration shall become final and shall be recorded in the
Public Records of Miami -Dade County, Florida and is subject to and
conditioned upon the issuance of a final non -appealable approval of the
City of Miami Commission, of the rezoning of the Property from R-2 (Two -
Family Residential) to C-1 (Restricted Commercial).
II. Notwithstanding the land use and zoning applicable to the Property, the
use of the Property shall be limited as follows:
A. That the Property shall be developed substantially in
accordance with the attached site plan, dated June 21, 2006,
proposed by Engineering and Construction, S.A. Corp,
comprising of two (2) pages and attached as Exhibit "A".
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Priscilla A. Tho i'npson
City Clerk
Covenant Running with the Land. This Declaration on the part of
the Owners shall constitute a covenant running with the land and
shall be recorded in the public records of Miami -Dade County,
Florida and shall remain in full force and effect and be binding upon
the Owners, and their heirs, successors and assigns until such time
as the same is modified or released. These restrictions shall be for
the benefit of, and limitation upon, all present and future Owner of
the real property and for the public welfare.
Modification, Amendment, Release. This Declaration of
Restrictions may be modified, amended or released as to the land
herein described, or any portion thereof, by a written instrument
executed by the then current Owner of the Property, including
joinder of all mortgages, if any, provided that the same is also
approved by the City of Miami, Florida, after public hearing at the
expense of Owner. The public hearing shall, at a minimum, afford
notice to all property owners within 500 feet of the Property shown
on the Miami -Dade County tax rolls on the date of application and
be in a form acceptable to the Directors of the City of Miami
Departments of Planning and Zoning and in a legal form acceptable
to the City Attorney.
Enforcement. Enforcement shall be by action against any parties
or person violating, or attempting to violate, any covenants. The
prevailing party in any action or suit, pertaining to or arising out of
this Declaration, shall be entitled to recover, in addition to costs and
disbursements allowed by law, such sum as the Court may adjudge
to be reasonable for the services of their attorney. This
enforcement provision shall be in addition to any other remedies
available at law or in equity or both, but this provision shall not
authorize the granting of attorney's fees against the City of Miami, a
Florida municipal corporation.
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.
Authorization to Withhold Permits of Inspections. In the event
any terms of this covenant are not being complied with, in addition
to any other remedies available, the City of Miami 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.
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Priscilla A. Th mp on
City Clerk
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.
Recording. The Owner, at its own cost, shall record this
Declaration in the public records of Miami -Dade County, Florida
immediately upon the expiration of the appeal period, which is thirty
(30) days from execution by the Mayor following acceptance and
approval by the City of Miami Commission. The Owner shall
furnish a recorded copy of the Declaration to the City Planning and
Zoning Director within thirty (30) days of its recordation.
Witnesses: Owner:
Print Name
Print Name
STATE OF FLORIDA )
) SS.
COUNTY OF MIAMI-DADE )
CINCO M'S CORPORATION
A Florida Corporation
By:
Ileana DeMarziani, its President
The foregoing instrument was acknowledged before me this day of
, 2006, by Ileana DeMarziani, as President and on behalf of Cinco M's
Corporation, who is personally known to me or produced valid driver's licenses as
identification.
My Commission Expires:
Notary Public
Sign Name:
Print Name:
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