HomeMy WebLinkAboutExhibit B - Covenanttru ent Prepare Bev;
Gilberto Pastoriiza, Esq.
Weiss Scrota Haman Past,riza Cole & Boni,ske,
2525 Podlce. fie Leon 131`g(1.,
smut' 700
Coral Gables, FL 33134
PARTIAL RELEASE OF
DECLARATION OF STRICTIVE COVENANT
This is a Partial Release of Declaration of Restrictive Covenant (the "Partial"
Release").
Recitals
A. On March 27, 1995, the City of Miami Commission passed and adopted
Resolution 95-249 (the "Resolution"). A condition to the Resolution was that a Declaration of
Restrictive Covenants be placed on the property legally described in Exhibit "A" (the
"Property").
B. In accordance with the Resolution a Declaration of Restrictive Covenants was
placed on the Property and recorded in Official Records Book 16929, Page 4180, of the Public
Records of Miami -Dade County, Florida (the "Covenant")
C. Section 10 of the Covenant provides as follows:
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 owner 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 Commission after a public hearing which public hearing shall
be applied for and at the expense of the Owner.
Should this instrument be so modified, amended or released, the Director of the
City's Planning, Building and Zoning Department or his successor shall execute
a written instrument in recordable form effectuating and acknowledging such
modification, amendment or release.
D. La Progresiva Presbyterian School, Inc., a Florida not -for -profit corporation
(the "School") and The First Spanish Presbyterian Church of Miami, Inc. a Florida not -for --
profit corporation (the "Church") as owners of the Property have made an application to the
City of Miami for the release of the property legally described in Exhibit '°B" from the
Covenant and from Condition No. 2 of the Resolution (the "Condition") (the "To Be Released
Property"),
E. O
adopted Resolution No.
the Covenant and Condition (the "
NOW THEREFORE.
2008 the City of Miami Commission passed. and
approving the release of the To Be Released Property from
Releasing Resolution"),
1. Pursuant to the Resolution and The Releasing Resolution, the Zoning
Administrator of the Planning and Zoning Department hereby releases the To Be Released
Property from the Covenant and the Condition,
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI DADE
CITY OF MIAMI
By:
Print Name:
Its: Zoning Administrator
The foregoing instrument was acknowledged before me on this day of
2008 by as of and on behalf of the City of
Miami. H.e/She is personally known to me or has produced as
identification.
FLORIDA
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NOTARY PUBLIC, STATE OF
Print Name:
Commission No.:
Commission Expires:
The Church and the School hereby jOhl ii this Partial Release.
Witnesses:
THE FIRST SPANISH UNITED
Pint Naive: PRESBYTERIAN CHURCH. OF
MIAMI, I BC.
Print Nave.:
By:
Its:
T.HE PROGRESIVA PRESBYTERIAN
Print Name: SCHOOL, INC.,
Print Name:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI DADE
By:
Its:
The foregoing instrument was acknowledged before me on this day of
2008 by as of and on behalf of The First
Spanish United Presbyterian Church of Miami, Inc., a Florida not -for -profit corporation.
He/She is personally known to me or has produced as
identification.
FLORIDA
NOTARY PUBLIC, STATE OF
Print Name:
Commission No.:
Commission Expires:
STATE OF FLORIDA
)SS
COUNTY OF MIAMI DADE j
The foregoing instr=urnent was acknowledged before me on this day of
2008 by as of and on behalf of La P.rogresi va
Presbyterian School, Inc., a Florida not -for -profit corporation. He1She is personally known to
me or has produced as identification.
FLORIDA
4
NOTARY PUBLIC, STATE OF
Print Name:
Commission No,:
Commission Expires:
EXHIBIT "A"
LEGAL DESCRIPTION
Church Property:
Lots 1, 2 & 3, Block I, INDIAN HEIGHTS, 2"" SECTION, according to the Plat thereof, as
recorded in Plat Book 19, Page 52, of the Public Records of Miami Dade -County, Florida.
Lots 1, 2 & 3, Block 2, PORTLAND .PLACE, according to the Plat thereof, as recorded in
Plat Book 11, Page 48, of the Public Records of Miami -Dade County, Florida.
Lots 1 thru 5, Block 2 INDIAN HEIGHTS, according to the Plat thereof, as recorded in. Plat
Book 12, Page 71, of the Public Records of Miami -Dade County, Florida.
and
The South 50.45 feet of Los 1 & 2, Block 1, PORTLAND PLACE, according to the Plat
thereof, as recorded in Plat Book 11, Page 48, of the Public Records of Miami -Dade County,
Florida.
School Property:
Lot 4, Block 2, PORTLAND PLACE, according to the Plat thereof, as recorded in Plat Book
11, Page 48, of the Public Records of Miami -Dade County, Florida.
and
Lots 4 & 5, Block 1, INDIAN HEIGHTS 2"d SECTION, according to the Plat thereof, as
recorded in Plat Book 19, Page 52. of the Public Records of Miami -Dade County, Florida.
and
Lots 7 & 8, Block 2, INDIAN HEIGHTS, according to the Plat thereof, as recorded in Plat
Book 12, Page 71, of the Public Records of Miami -Dade County, Florida.
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EXHIBIT "B"
Lots 4 & 5, Block 1, INDIAN HEIGHTS 2"d SECTION, according to the Plat thereof, as
recorded in Plat Book 19, Page 52. of the Public Records of Miarni-Dade County, Florida.
and
Lots 7 & 8, Block 2, INDIAN HEIGHTS, according to the Plat thereof, as recorded in Plat
Book 12, Page 71, of the Public Records of Miami -Dade County, Florida.
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