HomeMy WebLinkAboutR-12-0364City of Miami
Legislation
Resolution: R-12-0364
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00181cr Final Action Date: 9/27/2012
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A RELEASE OF A DECLARATION OF RESTRICTIVE COVENANTS
DATED JUNE 10, 1996, A COPY BEING ATTACHED AS AN EXHIBIT AND
RECORDED IN OFFICIAL RECORDS BOOK 17264, PAGES 1095-1099, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTY
LOCATED AT APPROXIMATELY 5808 NORTHEAST 4TH COURT, MIAMI,
FLORIDA.
WHEREAS, the property located at approximately 5808 Northeast 4th Court, Miami, Florida
(the "Property"), legally described in attached "Exhibit A", is subject to a Declaration of Restrictive
Covenants ("Covenant") dated June 10, 1996, recorded in Official Records Book 17264, Page 1095,
of the Public Records of Miami -Dade County, Florida attached in "Exhibit B" thereby requiring certain
structure to be preserved as a historic landmark and remain vacant; and
WHEREAS, the Historic and Environmental Preservation ("HEP") Board, at its meeting on July
20, 2012, Item No. 2, following an advertised public hearing, adopted Resolution No. HEPB-R-2012-
42 by a vote of six to zero (6-0), to approve the historic designation of the Water Pump House; and
WHEREAS, the Planning, Zoning and Appeals Board, at its meeting on August 1, 2012, Item
No. PZAB. 1, following an advertised public hearing, adopted Resolution No. PZAB-R-12-031 by a
vote of ten to zero (10-0), recommending approval with a condition to release the Covenant; and
WHEREAS, any modification or release of a 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 the release
of the Covenant in substantially the form attached, which would allow restoration of the property
subject to HEP Board designation as a historic resource;
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. Release of the Covenant is subject to approval by the Office of the City Attorney
as to legal form and correctness.
Section 3. The release of the Covenant dated June 10, 1996, recorded in Official Records
Book 17264, Page 1095, of the Public Records of Miami -Dade County, Florida, for the property
City of Miami
Page 1 of 2 File Id: 04-00181cr (Version: 2) Printed On: 12/8/2017
File Number: 04-00181 cr Enactment Number: R-12-0364
located at 5808 Northeast 4th Court, Miami, Florida, is approved and released as set forth in Exhibit
"B", subject to the following condition accepted by the Owner:
a) The owner shall submit a 40-year building re -certification within 90 days from release of the
current covenant to ensure current Building Codes and proper maintenance are achieved.
Section 4. 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: 04-00181cr (Version: 2) Printed On: 12/8/2017