HomeMy WebLinkAboutSubmittal-Declaration of Restrictive ConvenantsThis instrument was prepared by:
Name: Ben Fernandez, Esq.
Address: Bercow, Radell & Fernandez P.A.
200 S. Biscayne Boulevard, Suite 850
Miami, FL 33131
(Space reserved for Clerk)
DECLARATION OF RESTRICTIVE COVENANTS
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This Declaration of Restrictive Covenants (the "Declaration") made this a day
of December 2007, by R&E at Red Road, Inc. and Carlos and Minerva Cordero
(hereinafter referred to as the "Owners"), 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 the City Commission approved the rezoning of the
Property to Restricted Commercial;
WHEREAS, the Owners are desirous of making a voluntary binding commitment
to assure that the Property shall be developed in accordance with the provisions of the
Declaration herein. Submitted Into the public
recogn connection with
Item Z -I3-O7
Priscilla A. Thompson
o f - o v - -Agoz c -_ So b rn ; tfa t- `.lie c i c.- a i o v o city Cleric
�ie �r`4 C eve COVi? va
NOW THEREFORE, the Owners voluntarily covenants and agree 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 Owners of the
Property, and their 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 Owners hereby makes the following voluntary declarations
running with the land concerning the use of the Property:
A. A six foot masonry wall shall be erected to separate any non-residential
development on the Property from the abutting R-1 zoned properties as
permitted by the Zoning Code. The wall shall be completely constructed
and shall receive a final inspection, prior to the commencement of the
construction of any new non-residential development.
B. The following uses shall be prohibited:
1. Private clubs and lodges;
2. Bars, saloons, night clubs, supper clubs and taverns;
3. Liquor stores;
4. Post -secondary public and private educational facilities;
5. New or used car sales;
6. Auto parts sales;
7. Automotive services and repairs;
8. Automotive service and gasoline station;
Submitted Into the public
recoAd in connection with
item (V1Z onL2-13 07
Priscilla A. Thompson
City Clerk
V/r7
Or-t
9. Coin operated laundry;
10. Drive -through facilities;
11. Hotels, motels and hotels;
12. Pawn shops;
13. Flea markets;
14. Junkyards;
15. Auto wrecking yards;
16. Bait shops;
17. Used clothing and furniture shops;
18. Pool halls;
19. Parole/probation officers;
20. Any establishments that rent private rooms by the hour for any
purpose;
21. Stereo and or DJ equipment sales or rentals;
22. Drug or alcohol dependency treatment or counseling centers;
23. Containment or raising of livestock or farm animals;
24. Tattoo and or body piercing shops;
25. Personal property rental establishments whose primary
business is a short term rental of personal property;
26. "Antique" or "second hand" stores;
27. Individual warehouse units which are constructed as a part of a
group of such individual units and which are intended to be
individually leased or rented to users other than the owner or
operator of the storage units. Such units are sometimes referred to
as "mini warehouse facilities:"
28. Public parking Tots or equipment storage;
Submitted Into the public
record in connection with n
item Z l f J2 on —- J 7
Priscilla A. Thompson
City Clerk
Submitted Into the public'
record in connection with
item (7Z' 'Zon 1Z-l3--O7
29. Bail bonds; P'`scilla A. Thompson
City Clerk
30. Game room and arcades; and
31. Storage of hazardous waste and/or materials (as defined by
Code).
C. 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, by the Owner
within thirty (30) days of acceptance by the City and the Owners shall
provide the City with a recorded copy within such time. The covenants
shall remain in full force and effect and be binding upon the undersigned,
their heirs and assigns 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 their
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. Such instruments shall be in a form acceptable to the City Attorney.
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
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. Severability. 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 FOR
ITEMP"-'� ON -ice
ACKNOWLEDGMENT
CORPORATION
Signed, witnessed, executed and acknowledged on this a iciday of
a24-LifK6-4^ ; 2007.
Witnesses:
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Signature
Print Name
•
Signature
Pa,#n c l c► :sIcsinScz,
Print Name
STATE OF C.)Y \
COUNTY OF `A CUrn i - D
R&E at Re
Address:
`79,(a.0 Cc &
FL
Road, Inc.
cs
, Principal
The foregoing instrument was acknowledged before me by, 1 C. `s0.
on behalf of the corporation. He isQpersonally known to me or ❑ has produced
, as identification.
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Witness my signature and official seal this :3 day of .,02.wn Y-4r'2007, in the
County and State aforesaid.
My Co
MICHELLE MOREJON
MY COMMISSION N DO 338088
o Bonded EXPIRES: November 8, 2000
Thru Not+ry Pubk UnaSriNldrs
1
Notary Public State of etcw
LC 146-121
Print Name
SUBMITTED INTO THE
FUBLIC RECORD FOR
!TEM ,,=,z ONz-i-oi .
ACKNOWLEDGMENT
CORPORATION
Signed, witnessed, executed and acknowledged on this �rd day of
eterA/ , 2007.
Signature Margo .C., Inc.
Print Name
Signature
404'raz N.eroteg
Print Name
STATE OF 1>
, Principal
Address:
4-1%ck-r i , FL 331 ? �r-
COUNTY OF Ri041. -D C.,_
The foregoing instrument was acknowledged before me by, 104 `G1rr.Q\ Q Y €:pY),
on behalf of the corporation. He is personally known to me or ❑ has produced
, as identification.
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Witness my signature and official seal this 3 day of Ovtb ¢1(2007, in the
County and State aforesaid.
Notary Public State of -P t_-
% cx V.oscdo
My Commission Expires: Print Name
Pr� ROSADO
.h ;r MY COMMISSION # DD 618362
,,a -i,- EXPIRES: November 29, 2010
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1 P, f,1 A, Bonded Thru Notary Pubic Underwriters
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SUBMITTED INTO THE
PLJBUC RFOF
ACKNOWLEDGMENT
HUSBAND AND WIFE
Signed, witnessed, executed and acknowledged on this
Witnesses as to Husband:
1
Signature
01;0S"+e
Print Name
r
Signature
Rosc).A.0
Print Name
Witne
ses as to Wife:
ftJahj,c �s -J �•
Print Name
t-bkrp
,�..� c1.-.3_
Signs ure
RCN"( ek. go S ct._cs.0
Print Name
day of
Signature (Carlos Cordero)
C, Z. GC) Cei
Print Name
Address:
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VAAAA.;1, evL/L LA.1
Si nature (Minerva Cordero)
eSQ'`,r/ 6e)c7-:ac��L�
Print Name
Address:
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a-ta i ram- -"3/ES
SU[V1lTTED1NTOTHE
PUELJC RECORD FOR
ITEM r11 z ONjziqi
NOTARY AS TO HUSBAND:
STATE OF -PoYi
COUNTY OF MiCrnl -�
The foregoing instrument was acknowledged before me by Ccu-L-C,---rdero
is personallycnowJ to me or has produced , as identification.
Witness my signature and official seal this (vday of D-2ce� *ex . ,
2061 in the County and State aforesaid.
My Commission Expires:
Notary Public State of f\oared
1,A,6116t?
Print Name
c JBMITTED INTO THE
4'UBLIC RECORD FOR
M jriz ON Ir 13 of .
who
NOTARY AS TO WIFE:
STATE OF tw % c�q
COUNTY OF ‘ct,m' - )c
IA% tvziVa.Cyr---
The foregoing instrument was acknowledged before me by , who
is personally known to me or has produced , as identification.
Witness my signature and official seal this _ day of DQ . n xX-
'-a7, in the County and State aforesaid.
My Commission Expires:
Notary Public State of Floc 1 a o•
Print Name
SUBMITTED INTO THE
PUBLIC RECORD FOR
TEMiz ON iz-ia o,.
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