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HomeMy WebLinkAboutCC Legislation (Version 2) & ExhibitCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-00897cr Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A RELEASE TO A DECLARATION OF RESTRICTIONS ("COVENANT") DATED DECEMBER 20, 2004 AND RECORDED IN OFFICIAL RECORDS BOOK 22923, PAGES 3035-3038, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2255, 2263 & 2295 SOUTHWEST 37TH AVENUE; 3685 & 3695 SOUTHWEST 23RD STREET; AND 3672 & 3688 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA. WHEREAS, the properties located at approximately 2255, 2263 & 2295 Southwest 37th Avenue; 3685 & 3695 Southwest 23rd Street; and 3672 & 3688 Southwest 22nd Terrace, Miami, Florida (the "Property"), more particularly described in attached "Exhibit A," are subject to a Declaration of Restrictive Covenant ("Covenant"), dated * and recorded in Official Records Book *, Page *= , of the Public Records of Miami -Dade County, Florida; and WHEREAS, on *, relative to a requested *, the City Commission granted the * to this property for a * use; and WHEREAS, at that time, the City Commission required the Covenant, dated *; and WHEREAS, on *, the applicant submitted a request to release the Covenant; and WHEREAS, the Planning, Zoning and Appeals Board, at its meeting on *, Item No. PZAB. *, following an advertised public hearing, adopted Resolution No. PZAB-R-* by a vote of * to * (*-*), recommending * to release the Covenant; and WHEREAS, the release of the Covenant is subject to being approved as to legal form and correctness by the Office of 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 release of the 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 Covenant dated * and recorded in Official Records Book *, Page *= , is hereby released. City of Miami Page 1 of 2 File Id: 04-00897cr (Version: 2) Printed On: 10/14/2011 File Number: 04-00897cr Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU 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 File Id: 04-00897cr (Version: 2) Printed On: 10/14/2011 Exhibit A 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 particularly 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 for 114.10 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. Parcel I.D. Numbers: 01-4116-009-2651 01-4116-009-2660 01-4116-009-2670 01-4116-009-2680 01-4116-009-2710 01-4116-009-2730 01-4116-009-2740