HomeMy WebLinkAboutApplicant Covenant SUBThis instrument was prepared by and after recordation return to :
Name: Ben Fernandez, Esq.
Address: Bercow Radell & Fernandez, P.A.
200 S. Biscayne Boulevard, Suite 850
Miami, FL 33131
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(Space reserved for Clerk)
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (the "Declaration") made this day
of 2013, by 2991 Coral Way, LLC (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. for the property located at 2995 SW 22 Street; 2991 SW 22
Street; and 2984 SW 21 Terrace, Miami, Florida and being legally described as:
(See attached Exhibit A, which is incorporated by reference into the Declaration).
WHEREAS, on , 2013 the City Commission approved the
rezoning of the Property to T4 0;
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 the Owner shall install and maintain a wall along the Property's entire
SW 21st Terrace frontage. Any graffiti on the wall shall be removed by the
Owner no more than thirty (30) days from receipt of notice from the City of
Miami.
B. That there shall be no vehicular ingress or egress along SW 21st Terrace
except for garbage and other services to the Property.
C. That the potential uses on the portion of the Property described in Exhibit B
shall be limited to all T-3 0 transect uses as well as surface parking to serve
the abutting commercial uses.
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
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. 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]
ACKNOWLEDGMENT
CORPORATION
Signed, witnessed, executed and acknowledged on this day of
, 2013.
Witnesses:
Signature 2991 Coral Way, LLC
Print Name Address:
Signature
Print Name
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by , the
of 2991 Coral Way, LLC, on behalf of the corporation.
He/She is ❑ personally known to me or ❑ has produced , as
identification.
Witness my signature and official seal this day of 2013, in the
County and State aforesaid.
Notary Public State of
My Commission Expires: Print Name
CITY OF MIAMI
APPROVED AS TO FORM AND APPROVED:
CORRECTNESS:
JULIE O. BRU
City Attorney
APPROVED:
FRANCISCO GARCIA
Director of Planning
IRENE S. HEGEDUS
Zoning Administrator
EXHIBIT A
Legal Description:
Lots 24, 25 and 26, Block 3, MILLIRDALE, according to the Plat thereof as recorded in
Plat Book 6, Page(s) 18, Public Records of Miami -Dade County, Florida (LESS that
portion taken from right of way along Coral Way) together with that part of Lot 23,
Block 3, "MILLERDALE", more particularly described as follows:Beginning at the most
Northerly corner of Lot 23; thence Southwesterly along the Northwesterly line of said
Lot 23; thence Southwesterly along the Northwesterly line of said lot 23; a distance of
111.08 feet to a point, said being the point of beginning of the parcel of land to be
described; thence continue along the Northwesterly line of aforesaid Lot 23, a distance of
60.14 feet to a point on the present street line of Coral Way, said point also being 35 feet
North of and parallel to the South line said Lot 23 a distance of 34.78; thence Northerly
along a line forming at right angle with last mentioned course a distance of 49.18 feet to
the point of beginning. Parcel Identification Number 0141090390792; 0141090390800
and 0141090390810
Folio Numbers: 01-4109-039-0792; 01-4109-039-0800; and 01-4109-039-0810
Thls instrutnent was prepared by and after recordation return to :
Name: Ben Fernandez, Esq.
Address: Bercow Redell 8 Fernandez, P.A.
200 S. Biscayne Boulevard, Suite 850
Miami, FL 33131
S ace reserved for CI rk
DECLARATIO_N OF RESTRICTIVE CIVENANTa
This Declaration of Restrictive Covenants (the " eclaration") made this _ •day of
2012, by 2991 Coral Way, C (hereinafter referred to es the
"Owners"), are in favor of the CITY OF MIAMI, F ORIDA, a municipality located within the
State of Florida (hereinafter referred to as the " ITY"),
WHEREAS, the Owners sought nd obtained a rezoning pursuant to Ordinance
No, for the prop ty located at 2995 SW 22 Street; 2991 SW 22
Street; and 2904 SW 21 Terrace, lami, Florida and being legally described as:
(See attached Exhibit A, which s incorporated by reference into the Declaration).
WHEREAS, on , 2012 the City Commission approved the
rezoning of the Property t® T4 0;
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 upo the Owners of the
Property, and their heirs, successors, and assigns as follows:
Section 1, The recitals and findings set forth in the pr mble of this Declaration
are hereby adopted by reference thereto and Incorporated erein as if fully set forth in
this Section.
Sootier) 2, The Owners hereby make the ollowing voluntary declarations
running with the land concerning the use of the Prop rty:
t ' n A. That the Owner shall install and maina wall along the Property's entire
SW 21 t Terrace frontage.
B. That there shall be no vehicular i gross or egress along SW 21st Terrace
except for garbage and other se, ices to the Property.
C. That the potential uses on t portion of the Property described in Exhibit B
shall be limited to all T-3 •tr nsect uses as well as surface parking to serve
the abutting commercia uses.
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 Ow ers, their heirs, successors and assigns. These restrictions
shall be a limitation upon all present and future Owners of the Property and shall be for
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 suoh
modification, amendment or release, providing that same has been ar)bfoved by the
City Commission after a public hearing whioh public hearing shall be/ppued for at the
expense of the Owner. Any modification, amendment, or reley will be in a form
acceptable to the City Attorney.
Sectiorti, InspogtiQn Inc[ tnfor.crnent, An enfo cement 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 rovisions of the building and
zoning regulations, either to restrain violations or to re over damages, The prevailing
party in the action or suit shall be entitled to recov r costs and reasonable attorney's
fees. This enforcement provision shall be in ad Won to any other remedies available
under the law, This enforcement provision sha I not apply against the City of Miami,
Invalidatio 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
the public welfare,
/
amtigniaagadiag, This Declaration shall be filed of record among the
Public Records of Miami -Dad
Its recordation to: City of Miami Zoning Administrator, 444 SW 2nd Ave,, 4t" Floor;` Miami,
FL 33130-1910, with a copy to the Division of Hearing Boards, 444 SW 2lfd Ave,,. 7th
Floor, Miami, FL 33130-1910,
[Signature Page(s) to Follow]
ACKNOWLEDGMENT
CORPORATION
Signed, witnessed, executed and acknowledged on this gct day of
Altnesoes:
Signatui!
t C
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Signature
„Dejvditg 6 c, otitic
Print Name
vi
2991 Coral Way, LLC
Address:
UJ
41. rp,444
t-t4/4-0.d 1=4 33 r 115
STATE OF (.a- r .Ca,
r\G.
COUNTY OF
The foregoing instrument was acknowledged before me by ru- L —41 the
> �,...-u" of 2991 Copl Way, LLC, on be If f the corporatio
Ef /she is Cl personally known to me or a —has produced (ty -,as
identification.
Witness my signature and official seal this `day ofa ' Y 201 In the
Coun and State
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My Commission Expires:
8 a Public tote o
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Print Name
r
CITY OF MIAMI
APPROVED AS TO. FORM AND. APPROVED:
CORRECTNESS:
JULIE O. BRU
City Attorney
APPROVED:
FRANCISCO OARC1A
Director of Planning
BARNAEiY MIN
Zoning Administrator
EXHIBIT A
Legal Description:
Lots 24, 25 and 26, Block 3, MILLERDALE, according to the Nat thereof as recordedin
Plat Book 6, Page<s) 18, Public Records of IVtiarni-Dade County, Florida (LESS/that
portion taken from right of way along Conti Way) together with that part of L6t 23,
Block 3, "MILLBRDALE", more particularly described asfollows:Beginning at the most
Northerly corner of Lot 23; thence Southwesterly along the Northwesterly line of said
Lot 23; thence Southwesterly along the Northwesterly line of said lot 23; a/distance of
111.08 feet to a point, said being the point of beginning of the parcel of land to be
described; thence continue along the Northwesterly line of aforesaid Lot 23, a distance of
60.14 feet to a point on the present street line of Coral. Way, said point alio being 3$ feet
North of and parallel to the South line said Lot 23 a distance of 34.7 thence Northerly
si
along a line forming at right angle with last mentioned course a di ce of 49.18 feet to
the point of beginning. Parcel Identifloation Number 01410903 ; 0141090390800
and 0141090390810
Folio Numbers: 01-4109-039-0792; 01-4109-039-08 ; and 01-4109-039-0810