HomeMy WebLinkAboutR-12-0053City of Miami
Legislation
Resolution: R-12-0053
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-00296cm Final Action Date: 2/9/2012
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 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 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: 10/30/2017
File Number: 10-00296cm Enactment Number: R-12-0053
force and effect.
Section 5. 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: 10-00296cm (Version: 3) Printed On: 10/30/2017