HomeMy WebLinkAboutCC Legislation (Version 3) & ExhibitsCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-01096cm Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A MODIFICATION TO A DECLARATION OF RESTRICTIVE
COVENANTS DATED MARCH 31, 1997 AND RECORDED IN OFFICIAL
RECORDS BOOK 17604, PAGES 3735-3770, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTY LOCATED AT
APPROXIMATELY 1900 BRICKELLAVENUE, MIAMI, FLORIDA.
WHEREAS, the property located at approximately 1900 Brickell Avenue, Miami, Florida (the
"Property"), legally described in attached "Exhibit A," is subject to a Declaration of Restrictive
Covenants ("Covenant") dated March 31, 1997, recorded in Official Records Book 17604, Pages 3735
-3770, of the Public Records of Miami -Dade County, Florida; and
WHEREAS, the Planning, Zoning and Appeals Board, at its meeting on January 19, 2011, Item No.
PZAB.2, following an advertised public hearing, adopted Resolution No. PZAB-R-11-001 by a vote of
nine to zero (9-0), recommending approval with conditions to 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 as follows:
1. Delete "Use Limitations Restriction C.", in its entirety.
2. Modify "Use Limitations Restrictions D. and E." to read as follows:
D. No changes shall be made to the use of the property or to the exterior or interior of
the building or the remainder of the property without first obtaining a Warrant, pursuant
to Article 7.1.2.4, of the Miami 21 Code.
E. Increases to the number of persons employed by the health clinic (medical office) at
the property; currently approved for three (3) including: the property owner/ plastic
surgeon, one nurse, and one clerical person, shall be considered through the Warrant
process, pursuant to Article 7.1.2.4, of the Miami 21 Code;
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: 10-01096cm (Version: 3) Printed On: 3/9/2011
File Number: 10-01096cm
Section 2. The modification of the Declaration of Restrictive Covenants dated March 31, 1997,
recorded in Official Records Book 17604, Page 3735-3770, of the Public Records of Miami -Dade
County, Florida, for the property located at 1900 Brickell Avenue, 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
of the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS:
Lsga rttgefi
JULIE O. B
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: 10-01096cm (Version: 3) Printed On: 3/9/2011
Exhibit "A"
Property Address
1900 Brickell Avenue
Property Folio Number
01-4139-001-2210
Property Owner
Dr. Jorge Suarez Menendez owns 100% interest in the subject Property, and he does not own any
additional properties located within 500 feet of the subject Property.
Legal Description
This Property described as: The Southwest 180.0 Feet of Lot 21, in Block A "Flagler", according
to the Plat thereof, as recorded in Plat Book 5, Page 44, of the Public Records of Dade County,
Florida, More particularly described as:
Begin at the mort southerly corner of Lot 21, Northwest along the Southwest Boundary Line of
Lot 21 for 180.0 Feet; Northeast Parallel with and 100.0 Feet. Northwest from the Northwest
Boundary Line of Brickell Avenue for 100.0 Feet to the Northeast Boundary Line of Lot 21;
Southeast Along the Northeast Boundary Line of Lot 21 for 180.0 Feet to the Northwest
Boundary Line of Brickell Avenue; Southwest Along the Northwest Boundary Line of Brickell
Avenue and Along the Southeast Line of Lot 21 for 100.0 Feet to the Point of Beginning.
ACTIVE: 2981 029 I
EXHIBIT "B"
This Instrument Prepared By:
Robert W. Rodriquez, Esq.
' •.792 N.W. 42'••' ,Benue, Suite 541
Miami, Florida 33126
97R16E. 2O 117 An 17 14426
ECI.ARA_Tvas O$ nra787CmIVa3 COVINANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS
(hereinafter the
"Detr1az'ation") made this day 3) of If'rt P! r(h
. 1991, by
Sorge Suarez-Menerxdea (hereinafter the "Owner"), 9s i,h favor of
the City of Miami, Florida, munioiO,aLity located Che
State of F1ozda (hereinafter the "Cit'y") and all property owners
located within 375 feet of Owner's property, as defined below.
GI.TNESETH :
• WHEREAS, the owner holds fee simple title to Certain
property located at 1900 Brichell Menne, Miami.., Florida. and more
particularly described as;
The Southeast IVO feet of Lot 21 in Block „.TOT, of FLAGLER,
a000rdi.ng to the Plat thereof, as recorded in Plat Rook 5, at
Page 44, or the Public Records of Dade County, Florida., and
deseriTsed as:
Begin at Most Southerly corner of fact 21 Northwest along
S u'thwest boundary line of Lot 21, for 180 feat; Northeast,
parallel with 18o Feat Northwest from Northwest boundary line of.
Brickell Avenue for 100 feet.to Northeast boundary line of Lot:.
21, Southeast along Northeast boundary Line of Lot 21 for 180
feet to Northeast boundary line of 8rickell (venue and along
Southeast boundary lane of T.ot 21 for 100 feet to Pont of
Regizu 2.rsgt anti ,
. WHEREAS, the Owner is presently an epplicanC before the City
Commission of the Caty of Miami, Ear a special exception to
E1,1?€O4 E1E6
permit a plastic,, surgeon's office; and
WHEREAS, , the Owner ,is desirous of making a binding
commitment to assure that the Property shall be developed and
maintained in accordance with the provisions of this Declaration;
NOS' THEREFORE, the Owner voluntarily covenants and agrees
that the Property shal],,be subject to the following restrictions
that are intended and shall be deemed to be covenants running
with the land and binding upon the Cwner of the Property, its
successors in interest and assigns, as follows;
1. g6cita1a, The recitals and findings,sex forth it the
preamble.of this Declaration are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
.Section.
2. • U$e Limitations. Owner covenants that:
A. The use of the health clinic (medical office) shall
be limited to consultation for plastic surgery, an1y, as an
..outpatient facility only, with no overnight stays mid no surgical
or other medical procedures occurring on the .property:
R..The hours of operation of the health clinic (medical
nffioe) at the property sh,a11 be from 9:0D a.m, to 6:00 p.m.,
only;
C. There shall be no transfer ot'title or interest in
the property or in the health clinic (medical office) practice
without prior City Comm1ssion approval, after a public nearing,
ill expenses of which public hearing shall be borne by the
A C. 176N1'76T
property owner;
D. No changes shall be made to the use of the property
or to the exterior or anterior of the building or the remainder
oh the property without prior City Commission approval after a
public hearing, all expenses'of which public hearing shall be
borne by the property owner;
E. The practice shall be limited to no more than three
persons employed, by the health clinic (medical office) at the
property: the property ownerfplaet$.c surgeon,' one nurse,, and one
clerical. person;
F. There shall be no overflow parking on the grass; and
G. Parking space's at the facility shall be limited, to
the twelye (12) parking spaces presently reR,lected on the site
plan, of which eight (8) shall be paved and four (4) shall be
"turf block`' (grass) Spaces.
3. Fff®ctzve Date.. This instrument shall constitute a
-covenant running with the land with the title to the Property and
be binding upon the Owner its successors and assigns upon
approval by the City Commission of a special exception to permit.
a plastic surgeon 's office , •
4.-Term cif q vvnant. This voluntary covenant 'an the part of
the Owner shall remain in full force and erect and shall be,
binding upon,the Owner of the Property, its successors and
assigns for an initial.per.t❑d of thirty (30) years from the date
this instrument is recorded in the Public Records of Dade County,
1 7604P27E8
' Florida and shall be awtomatibally extended for successive
' periods of ten (10) years thereafter.
5. Tngbecti,on and Enfrircement. It is understood and agreed
that any official inspector of the City of Miami may have the
right, at any time during nbxuta1 working hours, of entering and
investigating the use of the Property to determine whether the
conditions of this Declaration and the requirements of Ole city
are being complied with. An action to enforce the terms and
conditions of this Declaration mazy be brought by the City or by
any property owner within 375 feet of the Property, by action at
law'or in equity against any party or person violating or
attempting to violate any covenants of this Declaration or
provision 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 9.ew.
6. An deign}: and i,f . 'on. This instrument may be
modified, amended or released as to any portion. of the property
by a written instrument executed by the then owner(s) of the fee
simple title to the land to.be affected by such modification,
amendment or releaser provided that same has been approved, by the
city of Miami City Commission at a public hearing, which public
hoaxing shall be applied for and at •the expanse of Owner. Should
this instrument be so modified, amended or released, the tizector
� �i-cam.� AV
** PIla NO_ 97R-137413
0L ARVVEY �H
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intorro
CONSENT, or monGhon AND SUHORDINA.TION oir I iFt
The Undersigned, holder of that certain Mortgage Deed from
Uotee Sijaree-HenendeZ dated 0,04.11 ?31' ileVi`t' and
recorded, in Ottitial Records Rook *s , at pageirk _. • of
the Public Records Of Dade County, Florida, as amended,
encumbering the real property to. be subjected to the foregoing
Declaration of Restrictive Covenants made by Jorge Suarez -
Menendez, in favor of the City of Miami, Florida, hereby consents
to said Declaration of Restrictive Covenants and agrees that the
lien of said mortgage deed shall be subject and subordinate to
the terms of said Declatat.ion o,E Restrictive Covenants,
IN WITNESS WHEREOF, the undersigned has set his hand and
eel this al day of h14R4 H , 1997,
Firs 'nion National Bark of Florida
BY: ,
s 4 A.cc`•LG .
[
.fitness U5 ADS+
State of Florida
County of ,pade
g eno ez
I hereby cea-t-fy that on this day, before met an officer
duly authorized in the State aforesaid and in the County
aforesaid to take acknowledgments, personally appeared
to me known to be the person(s) described in and who executed the
Foregoing Mortgage and he/she/they acknowledged before me that
he/she/they executed the same.
Witness my hand and offioia sal in the ,County and State
last aforesaid this J day of y/}y397„
Nr t.c $(' gna tore
Printed Name
.My Commission Expires:
•
A`'' uc d o Mee $s' 1� OCeszCIO
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