HomeMy WebLinkAboutDeclaration of Restrictions (2004 Covenant)111111111111111111111111111111111111111111111
CFN .20014-R 1 137835
OR Bk 22923 FsS 3035 - 30038► (4ass)
RECORDED 12/20/2004 16104:40
HARVEY RUVIN, CLERK OF COURT
MIAMI-RARE COUNTYr FLORIDA
This instrument prepared by and
should be returned to:
A. Vicky Garda -Toledo, Esq.
Bilzin Sumberg Baena Price & Axelrod LLP
2500 Wachovia Financial Center
200 South Biscayne Boulevard
Miami, Florida 33131-5340
(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:
Lots 43, 44, 45, 46, 47, 48, 49, 50, 52, 53 and 54, In Block 6, of Amended Plat of Miami
Suburban Acres, according to the plat thereof as recorded in Plat Book 4, Page 73, of the
Public Records of Miami -Dade County, Florida, LESS the North 10 feet of Lots 43, 44, 45
and 46; AND LESS that portion of Lots 46, 47, 48, 49 and 50, lying within 35 feet of the
center line of S.W. 37th Avenue, a/k/a Douglas Road, as shown in State Road
Department Map, recorded in Plat Book 76, Page 26, of the Public Records of Miami -
Dade County, Florida, being more fully described as follows:
A portion of Lots 43, 44, 45, 46, 47, 48, 49, 50, 52, 53 and 54, in Block 6 of Amended Plat
of Miami Suburban Acres, according to the plat thereof as recorded in Plat Book 4, Page
73, of the Public Records of Miami -Dade County, Florida being more particularly
described as follows:
Begin at the Southeast corner of said Lot 54 in Block 6; thence North 00°05'39" West
along the East line of said Lots 54 and 43 for 283.12 feet to a point on a line being 10.00
feet South of, as measured at right angles to, the North line of said Lots 43, 44, 45 and
46; thence South 89°59'48" West along said line being 10.00 feet South of the North line
for 264.51 feet to a point on a line being 35.00 feet east of, as measured at right angles
to the center line of S.W. 37th Avenue, as it now exists; thence South 00°12'20" East
along said line being 35.00 feet east of said center line for 233.11 feet to a point on the
South line of said Lot 50; thence North 89°59'43" East along said South line for114.10
feet to the Southeast corner of said Lot 50; thence South 00°06'32" East for 50.02 feet to
the Southwest corner of said Lot 52; thence North 89°59'43" East along the South line of
said Lots 52, 53 and 54 for 149.94 feet to the Point of Beginning.
Said lands lying and being in Miami -Dade County, Florida and containing 69,057 square
feet or 1.585 acres.
Street Address: 2255 S.W. 37 Avenue, 2263 S.W. 37 Avenue, 2295 S.W. 37 Avenue,
3695 S.W. 23 Street, 3685 S.W. 23 Street, 3688 S.W. 22 Terrace and 3672 S.W. 22
Terrace.
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IN ORDER TO ASSURE the City of Miami that the representations made to
them by the Owner 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:
1.
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 approval by the City of Miami
Commission, of the establishment of an SD-19 overlay district over
the entire Property with an F.A.R. of 2.4 and rezoning of the
following property from R-2 (Two -Family Residential) to C-1
(Restricted Commercial): 3695 S.W. 23 Street, 3685 S.W. 23
Street, 3688 S.W. 22 Terrace, and 3672 S.W. 22 Terrace.
II. Notwithstanding the land use and zoning applicable to the Property,
the use of the Property shall be limited as follows: That the Property
shall be developed in accordance with those certain plans prepared
by Wolfberg/Alvarez & Partners, dated June 21, 2004, on file at the
City of Miami Office of Hearing Boards, and expressly made part of
this Declaration by reference subject as if they were recited in full
herein only to any changes required by the Planning and Zoning
Department and/or building permit requirements.
III. 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.
IV. 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 Director of the City of Miami
Department of Planning and Zoning and in a legal form acceptable
to the City Attorney.
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V. 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.
VI. 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.
VII. 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.
VIII. 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.
IX.
Recordinq. 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.
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Book22923/Page3037 CFN#20041137835
Page 3 of 4
OR BK 22923 PG 3038
LAST PAGE
Witnesses:
Mmuc / Sffl t <tykar✓
Print Name
Print Name
Print Name
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
SS.
Owner:
MORRIS INVESTMENT PARTNERSHIP
A Florida Limited Liability Partnership, f/k/a
Morris Investment Partnership, a Florida
General Partnership
By: i` -- {
Aaron M. Morris, as Trustee of the
Aaron M. Morris Trust Declaration
u/a/d 1/23/91, General Partner
o
Anna Roche! Morris, as Trustee of
the Anna Roch le Morris Trust
Declaration u/a/d 8/13/92, General
Partner
Th foregoing instrument was acknowledged before me this ti day of
, 2004 by Aaron M. Morris, as Trustee of the Aaron M. Morris Trust
Declaration u/a/d 1/23/91, General Partner, and Anna Rochelle Morris, as Trustee of the
Anna Rochelle Morris Trust Declaration u/a/d 8/13/92, General Partner, who are
personally known to me or produced valid drivers licenses as identification.
My Commission Expires:
Notary Public L,�/
Sign Name: iti
Print Name:
etp4,6fount Ft Starkman
My Commission DD043757
40,1
Expires September 28, 2005
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