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HomeMy WebLinkAboutCC Legislation (Version 1)City of a Legislation Resolution File Number; 08-004 8cr City Hall 3500 Pan American Drive Miami, FL 33133 yww.mianigov.com F irnn! Action Date; A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S). APPROVING A PARTIAL RELEASE TO A UNITY OF TITLE ("UNITY") AND DECLARATION OF RESTRICTIVE COVENANT ("COVENANT") DATED SEPTEMBER 25, 1995 AND RECORDED IN OFFICIAL RECORDS BOOK 16929, PAGES 4177-4184, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 600 NORTHWEST 24TH AVENUE AND 2455 NORTHWEST 6TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN A I !ACHED "EXHIBIT A". WHEREAS, the properties located at approximately 600 Northwest 24th Avenue and 2455 NW 6th Street, Miami, Florida (the "Property") more particularly described in attached "Exhibit A," are subject to a Unity of Title ("Unity") and Declaration of Restrictive Covenant ("Covenant"), dated September 25, 1995 and recorded in Official Records Book 16929, Page 4177-4184, of the Public Records of Miami -Dade County, Florida; and WHEREAS, on March 27, 1995, relative to a requested Special Exception, the City Commission granted a Special Exception to this property for a school use; and WHEREAS, at that time, the City Commission required the Unity and Covenant, dated September 25, 1995; and WHEREAS, on April 7, 2008, the applicant submitted a request to release two (2) R-2 zoned Duplex Residential properties from the application; in that said properties are not and have never been a part of the school; and WHEREAS, the partial release of the Unity and Covenant is subject to being approved as to legal form and correctness by the City Attorney; and WHEREAS, the City Commission after careful consideration of this matter finds that it is in the best interest of the general welfare of the City of Miami and its inhabitants to approve the partial release of the Unity and Covenant, in substantially the form attached, and therefore grants the request; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2, The Unity and Covenant dated July 13, 1995 and recorded in Official Records Book 16929, Page 4177-4184, is hereby partially released as set forth in the releases attached as City of Miami Page 1 of 2 Printed On: 5/6/2008 ite Nu er: 8 O -408cr Exhibit "S," Section 3. Except as expressly modified all provision operative force and effect. f th Covenant continue in Section 4, This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} APPROVED AS TO FORM AND CORRECTNESS J U Ll E O. B R U CITY ATTORNEY Footnotes {1} if the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. if the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 Poured Ona® 5/6/2008