HomeMy WebLinkAboutR-11-0475City of Miami
Legislation
Resolution: R-11-0475
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00897cr Final Action Date: 11/17/2011
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 December 20, 2004 and recorded in Official Records Book
22923, Pages 3035-3038, of the Public Records of Miami -Dade County, Florida; and
WHEREAS, on October 28, 2004, relative to a requested Zoning Change, the City
Commission granted the Zoning Change to this property for a "C-1" Restricted Commercial with an
"SD-19" Designated F.A.R. Overlay District, F.A.R. of 2.4 in Ordinance No. 11000 (F.L.R. of 5 with a
"T6-8-O" Urban Core Zone in Miami 21); and
WHEREAS, at that time, the City Commission required the Covenant, dated December 20,
2004; and
WHEREAS, on August 31, 2011, the applicant submitted a request to release the Covenant;
and
WHEREAS, the Planning, Zoning and Appeals Board, at its meeting on November 2, 2011,
Item No. PZAB. 9, following an advertised public hearing, adopted Resolution No. PZAB-R-11-057 by
a vote of seven to zero (7-0), recommending APPROVAL 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.
City of Miami
Page 1 of 2 File Id: 04-00897cr (Version: 3) Printed On: 10/23/2017
File Number: 04-00897cr Enactment Number: R-11-0475
Section 2. The Covenant dated December 20, 2004 and recorded in Official Records Book
22923, Pages 3035-3038, is hereby released.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {1}
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: 3) Printed On: 10/23/2017