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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 OF DECLARATION OF RESTRICTIVE
COVENANTS, IN SUBSTANTIALLY THE ATTACHED FORM, AS "EXHIBIT A," 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, ATTACHED AS
"EXHIBIT B", FOR THE PROPERTY LOCATED AT APPROXIMATELY 350
NORTHEAST 56TH STREET, MIAMI, FLORIDA, IN ORDER TO LIMIT THE
HEIGHT OF THE PROJECT TO 53 FEET.
WHEREAS, the property located at approximately 350 Northeast 56th Street, Miami, Florida (the
"Property"), legally described in attached "Exhibit C," is subject to a Declaration of Restrictive
Covenants ("Covenant") dated November 11, 2010, recorded in Official Records Book27791, 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 to limit the height of the project to 53 feet; 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 to 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. The 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
City of Miami Page 1 of 2 File Id: 10-00296cm (Version: 3) Printed On: 1/26/2012
File Number: 10-00296cm
force and effect.
Section 5. 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: 10-00296cm (Version: 3) Printed On: 1/26/2012
This instrument was prepared by and after recordatio
Name: Bern Fernandez,`Esq
Address: Bercow & Radell, P.A. Arta
200 S. Biscayne Boulevard, Suit- ;8o0
Miami, FL 33131
p=:e,reserved for Clerk)
MODIFICATION OF D TRICTIVE COVENANTS
This Modification Declaration ° o : Re ; e Cove'i e its (the "Modification") made
this day of 20
Mar ene Schimmel (hereinafter
referred to as the "O'ires"), are favor o t CITY OF MIAMI, FLORIDA, a municipality
located wate o k r �9�Ty ert red to as the "CITY").
WITN SSETH
WH and obtained a rezoning pursuant to Ordinance
No. 13234, for ,: •roperty;f ecated at 350 NE 56th Street Miami, Florida and being
legally described as:
(See attached exhibit
Declaration)..
WHEREAS, on November 18, 2010 the City Commission approved the rezoning
of the Property to T-5L Urban Center Transect Zoning;
WHEREAS, the Owners proffered a Declaration of Restrictions recorded at
Official Records Book 27791 Pages, 0430-435 ("Recorded Declaration");
which is
incorporated
by reference
into
the
WHEREAS, the Owners seek to modify the terms of the Recorded Declaration
and are desirous of making a voluntary binding commitment to assure that the Property
shall be developed in accordance with the provisions of the Declaration herein.
NOW THEREFORE, the Owners voluntarily covenant and agree that Section 2
of the Declaration be modified from:
A. That development on the property shall not exceed three (3) stories in
height.
to:
A. That development on the property shall not exceed fifty-three feet (53') in
height at the top of roof line.
Section 3. Effective Date. This Modification is effective at the date of
execution hereof. This instrument shall constitute a covenant running with the title to
the Property shall be binding upon Owners, their heirs, successors and assigns. These
restrictions shall be a limitation upon all present and future Owners of the Property and
shallbe for the public welfare.
Section 4. 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 Owners 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 Commission after a public hearing which public hearing shall be applied for at the
expense of the Owner. Any modification, amendment, or release will be in a form
acceptable to the City Attorney.
Section 5. Inspection and Enforcement. An enforcement action may be
brought by the City by action in law or in equity against any party or person violating or
attempting to violate any covenants of this Declaration, or provisions of the building and
zoning regulations, either to restrain violations or to recover damages. The prevailing
party in the action or suit shall be entitled to recover costs and reasonable attorney's
fees. This enforcement provision shall be in addition to any other remedies available
under the law. This enforcement provision shall not apply against the City of Miami.
Section 6. Severabilitv. Invalidation of any one of these covenants by judgment
of Court shall not affect any of the other provisions of the Declaration, which shall
remain in full effect.
Section 7. Recording. This Declaration shall be filed of record among the
Public Records of Miami -Dade County, Florida, at the cost of the Owners within thirty
(30) days of its execution by the Owners, and acceptance by the City of Miami. The
Owners shall provide a certified copy of the recorded covenant within thirty (30) days of
its recordation to: City of Miami Zoning Administrator, 444 SW 2nd Ave., 4th Floor,
Miami, FL 33130-1910, with a copy to the Division of Hearing Boards, 444 SW 2nd Ave.,
7th Floor, Miami, FL 33130-1910.
[Signature Page(s) to Follow]
ACKNOWLEDGMENT
Signed, witnessed, executed and acknowledged on this day of
, 2011.
Witnesses:
Signature Howard Schimmel
Print Name
Signature
Print Name
STATE OF
COUNTY OF
Address:
5255 Collins Avenue, Unit 6D
Miami Beach, FL 33140
The foregoing instrument was acknowledged before me by Howard Schimmel.
He is 0 personally known to me or 0 has produced , as
identification.
Witness my signature and official seal this day of 2011,
in the County and State aforesaid.
Notary Public State of
My Commission Expires: Print Name
ACKNOWLEDGMENT
Signed, witnessed, executed and acknowledged on this day of
, 2011.
Witnesses:
Signature Marlene Schimmel
Print Name
Signature
Print Name
STATE OF
COUNTY OF
Address:
5255 Collins Avenue, Unit 6D
Miami Beach, FL 33140
The foregoing instrument was acknowledged before me by Marlene Schimmel.
She is ❑ personally known to me or ❑ has produced as
identification.
Witness my signature and official seal this day of 2011,
in the County and State aforesaid.
Notary Public State of
My Commission Expires: Print Name
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.: 01-3113-065-0481
111111111111111111111111111111111111111111111
This instrument was prepared by and after recordation return to :
Name: Ben Fernandez, Esq.
Address: Bercow & Radell, P.A.
200 S. Biscayne Boulevard, Suite 850
Miami, FL 33131
CFN 201 1 R0541348
OR Bk 27791 Pas 0430 - 435; (6pss)
RECORDED OB/12f2011 15:29:44
HARVEY RUVINr CLERK OF COURT
MIAMI-DADE COUNTY► FLORIDA
(Space reserved for Clerk)
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (the "Declaration") made this 11 day
of November .2010, by Howard .and 'Marlene Schimmel (hereinafter referred to as the
"Owners"), are in favor of the CITY OF MIAMI, FLORIDA, a.municipality located within the
State of Florida (hereinafter referred to as the "CITY").
WITNESSETH
WHEREAS, the Owners sought and obtained a rezoning pursuant to Ordinance
No. 1 /b2 - ? , for the propertylocated at 350 NE 58th Street Miami, Florida
and being legally described as:
(See attached exhibit "A", which is incorporated by reference into the
Declaration).
WHEREAS, on November 18, 2010'the City Commission approved the rezoning
of the Property to T-51_ Urban Center Transect.Zoning;
EX-Ht131 T 5
Book27791 /Page430 CFN#20110541348 Page 1 of 6
WHEREAS, the Owners are desirous of making a voluntary binding commitment
to assure that the Property shall be developed in accordance with the provisions of the
Declaration herein.
NOW THEREFORE, the Owners voluntarily covenant and agree that the
Property shall be subject to the following restrictions that are intended and shall be
deemed to be a covenant running with the land and binding upon the Owners of the
Property, and their heirs, successors, and assigns as follows:
Section 1. The recitals and findings set forth in the preamble of this Declaration
are hereby adopted by reference thereto and incorporated herein as if fully set forth in
this Section.
Section 2. The Owners hereby make the following voluntary declarations
running with the land concerning the use of the Property:
A. That development on the property shall not exceed three (3) stories in
height.
Section 3. Effective Date. This Declaration is effective at the date of execution
hereof. This instrument shall constitute a covenant running with the title to the Property
shall be binding upon Owners, their heirs, successors and assigns. These restrictions
shall be a limitation upon all present and future Owners of the Property and shall be for
the public welfare.
Section 4. 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 Owners 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
Book27791 /Page431 CFN#20110541348 Page 2 of 6
City Commission after a public hearing which public hearing shall be applied for at the
expense of the Owner. Any modcation, amendment, or release will be in a form
acceptable to the City Attorney.
Section 5. inspection and Enforcement. An enforcement action may be
brought by the City by action in law or in equity against any party or person violating .or
attempting to violate any covenants of this Declaration, or provisions of the building and
zoning regulations, either to restrain violations or to recover damages. The prevailing
party in the action or suit shall be entitled to recover costs and reasonable attorney's
fees. This enforcement provision shall be in addition to any other remedies available
under the law. This enforcement provision shall not apply against the City of Miami.
Section 6. Severability. invalidation of any one of these covenants by judgment
of Court shall not affect any of the other provisions of the Declaration, which shall
remain in full effect.
Section 7. Recording. This Declaration shall be filed of record among the
Public Records of Miami -Dade County, Florida, at the cost of the Owners within thirty
(30) days of its execution by the Owners, and acceptance by the City of Miami. The
Owners shall provide a certified copy of the recorded covenant within thirty (30) days of
its recordation to: City of Miami Zoning Administrator, 444 SW 2nd Ave., 4th Floor,
Miami, FL 33130-1910, with a copy to the Division of Hearing Boards, 444 SW 2nd Ave.,
7th Floor, Miami, FL 33130-1910.
[Signature Page(s) to Follow]
Book27791/Page432 CFN#20110541348 Page 3 of 6
ACKNOWLEDGMENT
Signed, witnessed, executed and acknowledged on this
November, 2010.
Witnesses:
(ON ,C-42 )(&74e
Si ure
E-zefo
Print Name
Carves jaa
( f'
Sig ture
'Credo Tertras
Print Name
STATE OF Mon da
COUNTY OF D fl bE
Howard Schimmel
day of
Address:
5255 Collins Avenue, Unit 6D
Miami Beach, FL 33140
'Me foregoing instrument was acknowledged before me by Howard Schimmel.
He is)�l personally known to me or D has produced as
identification.
Witness my signature and official seal this l day of November 2010, in the
County and State aforesaid.
My Commission Expires:
Notary Pubirc State of J)
t �agro5 Ponce be Lean
Print Nathe
Book27791/Page433 CFN#20110541348
Page 4 of 6
ACKNOWLEDGMENT
Signed, witnessed, executed and acknowledged on this 11
November, 2010.
�zeia Carvaiai
Print Name
at°Cure
If'rcd0 Te.VtraS
Print Name
STATE OF F on OIA
COUNTY OF DA'
Marien:himmel
Address:
5255 Collins Avenue, Unit 6D
Miami Beach, FL 33140
day of
The foregoing instrument was acknowledged before me by Marlene Schimmel.
She is % personally known to me or .❑ has produced as
identification.
Witness my signature and official seal this f1 day of November 2010, in the
County and State aforesaid.
My Commission Expires:
fie a
Notary Public State of 1>f}AE
M i tt reS Ponce. tie Leon
Print Name
Book27791/Page434 CFN#20110541348
Page 5 of 6
OR BK 27791 PG 04-3:c
LAST PAGE
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.: 01-3113-065-0481
Book27791/Page435 CFN#2011054134.8
Page 6 of 6
Legal Description.:
Lot 4, Block 4, DI•XIE 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
EX HT