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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: 10-00296cm Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A MODIFICATION TO A DECLARATION OF RESTRICTIVE COVENANTS DATED NOVEMBER 11, 2010, AND RECORDED IN OFFICIAL RECORDS BOOK 27791, PAGES 0430-0435, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTY LOCATED AT APPROXIMATELY 350 NORTHEAST 56TH STREET, MIAMI, FLORIDA. WHEREAS, the property located at approximately 350 Northeast 56th Street, Miami, Florida (the "Property"), legally described in attached "Exhibit A," is subject to a Declaration of Restrictive Covenants ("Covenant") dated November 11, 2010, recorded in Official Records Book 27791, Pages 0430-0435, of the Public Records of Miami -Dade County, Florida; and WHEREAS, the Planning, Zoning and Appeals Board, at its meeting on December 14, 2011, Item No. PZAB. 3, following an advertised public hearing, adopted Resolution No. PZAB-R-11-059 by a vote of seven to zero (7-0), recommending APPROVAL of a modification of the previously -approved Covenant; and WHEREAS, any modification to the previously approved Covenant is subject to approval by the Office of the City Attorney as to legal form and correctness; 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 modification of the Covenant in substantially the attached form, 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 modification of the Declaration of Restrictive Covenants dated November 11, 2010, recorded in Official Records Book 27791, Pages 0430-0435, of the Public Records of Miami -Dade County, Florida, for the property located at 350 Northeast 56th Street, Miami, Florida, is approved. Section 3. Modification to the previously -approved Covenant is subject to approval by the Office of the City Attorney as to legal form and correctness. Section 4. Except as expressly modified, all provisions of the Covenant continue in operative force and effect. Section 5. This Resolution shall become effective immediately upon its adoption and signature City of Miami Page 1 of 2 File Id: 10-00296cm (Version: 2) Printed On: 1/13/2012 File Number: 10-00296cm 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: 10-00296cm (Version: 2) Printed On: 1/13/2012 EXHIBIT A Legal Description: Lot 4, Block 4, DIXIE HIGHWAY TRACT as 'recorded in Plat Book 5, at Page 24, of the Public Records of Miami -Dade County, Florida. Folio No.: 01-3113-0.65-0481