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Home My WebLink AboutCC Legislation (Version 2) & ExhibitsCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 09-00140cm Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A MODIFICATION OF A DECLARATION OF RESTRICTIVE COVENANTS DATED JULY 21, 2009, A COPY BEING ATTACHED AS AN EXHIBIT AND RECORDED IN OFFICIAL RECORDS BOOK 27027, PAGES 4518-4520, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1028 AND 1040 SOUTHWEST 36TH COURT; 985, 995 AND 1031 SOUTHWEST 37TH AVENUE, MIAMI, FLORIDA. WHEREAS, the property located at approximately 1028 and 1040 Southwest 36th Court; 985, 995 and 1031 Southwest 37th Avenue, Miami, Florida (the "Property"), legally described in attached "Exhibit A," is subject to a Declaration of Restrictive Covenants ("Covenant") dated July 21, 2009, recorded in Official Records Book 27027, Pages 4518-4520, of the Public Records of Miami -Dade County, Florida; and WHEREAS, the Planning, Zoning and Appeals Board, at its meeting on *, Item No. PZAB. *, following an advertised public hearing, adopted Resolution No. PZAB-R-* by a vote of * to * (*-*), recommending * 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 in substantially the form attached, 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 July 21, 2009, recorded in Official Records Book 27027, Pages 4518-4520, of the Public Records of Miami -Dade County, Florida, for the property located at 1028 and 1040 Southwest 36th Court; 985, 995 and 1031 Southwest 37th 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. City of Miami Page 1 of 2 File Id: 09-00140cm (Version: 2) Printed On: 11/5/2012 File Number: 09-00140cm 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: 09-00140cm (Version: 2) Printed On: 11/5/2012 EXHIBIT "A" LEGAL DESCRIPTION Property Address: 1031 S.W. 37th Avenue, Miami, Florida 33135 Folio No.: 01-4109-023-0260 Lots 34, 35 and 36 Less the West 10 feet, ENGLEWOOD NORTH, according to the plat thereof, as recorded in Plat Book 7, at Page 46 of the Public Records of Miami -Dade County, Florida. Property Address: 995 S.W. 37th Avenue, Miami, Florida 33135 Folio No.: 01-4109-023-0270 Lot 37 Less the West 10 feet, ENGLEWOOD NORTH, according to the plat thereof, as recorded in Plat Book 7, at Page 46 of the Public Records of Miami -Dade County, Florida. • Property Address::"985 S.W. 37th Avenue, Miami, Florida 33135 Folio No.: 01-4109-023-0280 Lot 38 Less the West 10 feet, ENGLEWOOD NORTH, according to the plat thereof, as recorded in Plat Book 7, at Page 46 of the. Public Records of Miami -Dade County, Florida. Property Address: 1040 S.W. 36th Court, Miami, Florida 33135 Folio No.: 01-4109-023-0150 Lot 21, ENGLEWOOD NORTH, according to the plat thereof, as recorded in Plat Book 7, at Page 46 of the Public Records of Miami -Dade County, Florida. Property Address: 1028 S.W. 36th Court, Miami, Florida 33135 Folio No.: 01-4109-023-0140 Lot 20, ENGLEWOOD NORTH, according to the plat thereof, as recorded in Plat Book 7, at Page 46 of the Public Records of Miami -Dade County, Florida. • 111111111111111111111111111111111111111111111 This instrument prepared by and, when recorded, should be returned to: A. Vicky Garcia -Toledo, Esquire Bilzin Sumberg Baena Price & Axelrod LLP 2500 Wachovia Financial Center 200 South Biscayne Boulevard Miami, Florida 33131 C=FM 2009R0699191 OR Bk 27027 Pas 4518 - 4520; (3P9s RECORDED 09/28/2009 13:39:01 HARVEY RUVIHr CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA (Space Above For Recorder's Use Only) DECLARATION OF RESTRICTIVE COVENANTS The undersigned owner ("Owner") of the following described real property (the "Property"), lying, being and situated in the City of Miami, Miami -Dade County, Florida, and legally described as follows: Lots 34 throughout 38, inclusive less the West 10.00 feet thereof on Lots 20 and 21 of "ENGLEWOOD NORTH" according to the Plat thereof, as recorded in Plat Book 7 at Page 46 of the Public Records of Miami -Dade County, Florida. Street Address: 1028 SW 36 Court 1040 SW 36 Court 1031-1035 SW 37 Avenue 995 SW 37 Avenue 985 SW 37 Avenue IN ORDER TO ASSURE the City of Miami that the representations made by the Owner in connection with that certain public hearing application submitted to the City of Miami on February 4, 2009 for an amendment to the Zoning Atlas (the "Application") to designate the Property as 0 ("Office") will be abided by the Owner, its heirs, successors or assigns freely, voluntarily and without duress, Owner makes the following Declaration of Restrictive Covenants ("Declaration") covering and running with the Property: (1) Site Plan. The Property will be developed in substantial compliance with that certain site plan, on file with the City of Miami, dated February 4, 2009 and prepared by Form Group, Inc. entitled "Proposed Residential Building: 985 Douglas Road Apartments" (the "Site Plan"), which is deemed as being incorporated by reference herein. (2) Vehicular and Pedestrian Access. Consistent with the Site Plan, there shall be no vehicular or pedestrian access to the Property from SW 36th Court. MIAMI 1758912,3 785783I576 7/17/09 Book27027/Page4518 CFN#20090699191 Page 1 of 3 (3) Conditions Precedent. This Declaration shall become final and shall be recorded in the Public Records of Miami -Dade County, Florida only upon, and is expressly conditioned upon, the approval by the City Commission of the City of Miami, and expiration of all applicable appeal periods, of a rezoning of the Property from R-3 ("Medium Density Multi -Family Residential") to 0 ("Office"). (4) Covenant Running with the Land. This Declaration on the part of the Owner shall constitute a covenant running with the land and shall be recorded in the public records of Miami -Dade County, Florida and shall remain in full force and effect and be binding upon the Owner and its heirs, successors and assigns, until such time as the same is modified or released. These restrictions shall be for the benefit of, and limitation upon, all present and future owner(s) of the Property. (5) Modification, Amendment, Release. This Declaration may be modified, amended or released (a "modification") as to the Property, or any portion thereof, by a written instrument executed by the then owners) of the Property or portion thereof provided that the same is also approved by the City of Miami, Florida, after public hearing with written notice to all property owners within 500 feet of the Property shown on the Miami -Dade County tax rolls as of the date of application. Modification of this Declaration shall require the affirmative approval of a simple majority of the City Commission of the City of Miami. Any modification, amendment or release shall be in a form acceptable to the City Attorney. (6) Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants of this Declaration. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. (7) Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. Severability. Invalidation of any one of these covenants, by judgment of Court, in no way shall affect any of the other provisions, which shall remain in full force and effect. Recording. This Declaration shall be filed of record by the Owner in the public records of Miami -Dade County, Florida at the cost of the Owner as provided in Section 3 of this Declaration. The Owner shall promptly furnish the Department of Hearing Boards with a recorded copy of this covenant. MIAMI 1758912.3 7857831576 7/17/09 SIGNATURE PAGES FOLLOW 2 Book27027/Page4519 CFN#20090699191 Page 2 of 3 OR BK. 27027 PG 4 520 L.AST PAGE Witnesses: NV %%CIA- jQ - - Signatpre Print Name vat/Lid /�'�i�.�'Z Signature ,thvg 14s/3 Amos Print Name Owner I.H. Real Estate Investor, Corp. By: ATTEST: Yaw, Laura Herrera, Secretary (Affix Corporate Seal) STATE OF FLORIDA ) ) SS. COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this ? / day of July, 2009 by IGNACIO HERRERA as President of and on behalf of I.H. REAL ESTATE INVESTOR CORP., who is personally known to me or produced a valid driver's license as identification. My Commission Expires: tlRIFICACIONMORENC vOMMISSION 5 DD 745559 EXPIi •.:�'! f ES: May 2. 2012 tlo tteirnuURNotery Public tl domilers MIAMI 1758912.3 7857831576 7/17/09 Notary Pub1i Print Name: '�V g1 f / (fit ,€) aURIF1CAC10NMORENO MY COMMISSION It DO 745559 EXPIRES: May 2, 2012 Bond.' ino, Nowry PWI;o Uorgrpmr, Book270271Page4520 CFN#20090699191 Page 3 of 3