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HomeMy WebLinkAboutCovenant Submitted to Hearing BoardsBGRCOW RADELL & FERNAN DEZ ZONING, LAND USE AND ENVIRONMENTAL LAW Direct: 305-377-6235 E-Mail: BFernandez(cilBRZoningLaw.corn VIA HAND DELIVERY -1 Frl February 12, 2014 ^) —v :7i Mr. Anel Rodriguez - City of Miami Riverside Center s Department of Hearing Boards 444 SW 211d Avenue, 3rd Floor Miami, FL 33130 Re: The Cushman School - Right -of -Way Vacation Application 551, 567, 577, 592, 593 NE 60th Street, 6000 Biscayne Boulevard, 6021 NE 5th Avenue, 5984 NE 5th Court, Miami, Florida Dear Anel: Enclosed herewith is the covenant that the applicant in the above referenced matter intends to proffer to the City Commission in relation to the right-of-way vacation application. The Covenant prohibits the portion of the school property located at the intersection of Biscayne Boulevard and NE 61st Street, known as the Steam Lab property, from being unified for zoning purposes with any other portion of the school campus. As a result of discussions with the MiMo Biscayne Association and the Palm Grove Homeowners Association, The Cushman School is also prepared to offer the following as a public benefit in relation to the application: A. The Public right-of-way area to be vacated on the proposed re -plat shall remain and ingress and egress easement available to emergency vehicles at all times and will also be available to the public for historic tours upon request during non -school hours. B. The Cushman School will make available to commercial owners on Biscayne Boulevard parking spaces on the Steam Lab property SOUTHEAST FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGLAW.COM Mr. Anel Rodriguez February 12, 2014 Page 2 located at 6050 Biscayne Boulevard, after school hours, by lease agreement. The Cushman school has also committed to provide funding for welcome signage for the Palm Grove Neighborhood as well as funding for additional landscaping along Biscayne Boulevard. We will present additional details concerning these public benefits at the public hearing on February 27, 2014. BF/bl Enclosures Sin y, en Fernandez BERCOW RADELL & FERNAN DEZ ZONING, LAN 0 USE ANC ENVIRONMENTAL LAW This instrument was prepared by: Name: Ben Fernandez, Esq. Address: Bercow & Radell, P.A. 200 S. Biscayne Boulevard, Suite 850 Miami, FL 33131 (Space reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (the "Declaration") made this day of , 2014 , by The Cushman School (hereinafter referred to as the "Owners"), is 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 right of way vacation pursuant to Resolution No. , for the property located at and being legally described as: (See attached Exhibit A). WHEREAS, the Owners are desirous of making a voluntary binding commitment to assure that certain other nearby property owned by the Owner located at 6050 Biscayne Boulevard (See attached Exhibit B) shall be developed in accordance with the provisions of the Declaration herein. NOW THEREFORE, the Owners voluntarily covenant and agree that the Property at 6050 Biscayne Boulevard 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 Owner of the Property, and its 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: A. The title to the property located at 6050 Biscayne Boulevard, described in Exhibit B, shall not be unified for zoning purposes with any other portion of the Property. 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 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. Applicable Law & Venue. Florida law will apply to interpretation of this instrument. Venue in any civil actions arising under this instrument shall be in Miami -Dade County, Florida. Section 5. 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 of Miami Zoning Board or City Commission after a public hearing which public hearing shall be applied for at the expense of the Owner. Upon approval of such modification amendment or release as specified herein, the Director of the City of Miami's Planning Department or his successor shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment or release. Such instruments shall be in a form acceptable to the City Attorney. Section 6. 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. The award of attorney's fees to a prevailing party shall not be used or enforced against the City of Miami. Section 7. 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 8. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owners, and the City of Miami will be furnished a recorded copy by the Owners. [Signature Pages to Follow] ACKNOWLEDGMENT INDIVIDUAL Signed, witnessed, executed and acknowledged on this day of , 2014. Witnesses: Print Name Signature Print Name Signature STATE OF COUNTY OF The Cushman School Address: The foregoing instrument was acknowledged before me by , the of The Cushman School. He/She is ❑ personally known to me or ❑ has produced , as identification. Witness my signature and official seal this day of 2014, in the County and State aforesaid. Notary Public State of My Commission Expires: Print Name Exhibit A LEGAL DESCRIPTION: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF Miami -Dade, STATE OF FL, AND IS DESCRIBED AS FOLLOWS: A portion of Section 18, Township 53 South, Range 42 East, all lying and being In Miami -Dade County, Florida; being more particularly described as follows, to wit: Begin at point 398.00 feet South and 556.00 feet West of the Southeast comer of the Northwest one -quarter of Section 18; thence run South 60 feet; thence run West 120 feet to a point; thence run North 60 feet to a point; thence run East 120 feet to the Point of Beginning; LESS AND EXCEPT, however, a small tract of land at the Southwesterly corner of the Tract herein described heretofore conveyed to the City of Miami for strek.t purposes, said Tract being at the Northeasterly Intersection of Northeast 60th Street and Northeast 5th Avenue in the City of Miami, Florida. Said small tract of land lessed-out above is more particularly described as follows: Beginning at a point 458.00 feet South of and 676.00 feet West from the Northeast comer of the Southwest one -quarter of Section 18, 'Township 53 South, Range 42 East, said point being the Southeast corner of the second mentioned tract of land conveyed by E.L. Eaton to Elizabeth T. Eaton on August 12, 1926, and recorded in Deed Book 995, Page 101, of the Public Records of Miami -Dade County, Florida; thence East along the South line of said second mentioned tract of land conveyed to Elizabeth T. Eaton; said line being parallel to and 458.00 feet South of the North line of the said Southwest one -quarter of Section 18, a distance of 24.87 feet, more or less, to a point of curve; thence Northwesterly along the arc of a tangential curve to the right having a radius of 25.00 feet, a central angle of 89 degrees 42 minutes 26 seconds, a distance of 39.14 feet, more or less, to a point of tangent on the West line of said second mentioned tract conveyed to Elizabeth T. Eaton; thence South along saki West line parallel to and 676.00 feet West of the East line of said Southwest one -quarter of Section 18, a distance of 21.87 feet, more or less to the Point of Beginning. AND Beginning at a point of 324.67 feet South, end 556 feet West of the Southeast comer of the Northwest one -quarter of Section 18, Township 53 South, Range 42 East; thence South 73.33 feet; thence West 120 feet; thence North 73.33 feet; thence East 120 feet to the Point of Beginning. AND Beginning 258 feet South of and 556 feet West of the Southeast Comer of the Northwest quarter of Section 18, Township 53 South, Range 42 East, thence West 120 feet; thence South 63 and one-third feet; thence East 120 feet; thence North 63 and one third feet to the Point of Beginning; all lying and being in Miami -Dade County, Florida. ti wCry (CONTINUE) AND Begin at a point 258 feet South and 496 feet West of the Southeast comer of the Northwest one -quarter of Section 18, Township 53 South, Range 42 East for a Point of Beginning; thence West parallel to the South line of said Northwest one -quarter a distance of 60 feet; thence South parallel to the East line of the Southwest one -quarter of said Section 18, a distance of 200 feet; thence East parallel to the South line of said Northwest one -quarter, a distance of 60 feet; thence North parallel to the East line of said Southwest one -quarter a distance of 200 feet to the Point of Beginning, lying and being In Miami -Dade County, Florida. AND Those certain tracts or parcels of land situate in the Northeast one -quarter of the Northeast one -quarter of the Southwest one -quarter of Section 18, Township 53 South, Range 42 East, particularly deserted as follows, to wit: Commencing at a point 358 feet South and 446 feet West of the Southeast comer of the Northwest one -quarter of Section 18, Township 53 South, Range 42 East, and run South 100 feet; thence West 50 feet; thence North 100 feet; thence East 50 feet to Point of Beginning. AND Commencing at a point 258 feet South, and 446 feet West of the Southeast comer of the Northwest one -quarter of Section 18, Township 53 South, Range 42 East, and run South 100 feet; thence West 50 feet; thence North 100 feet, thence East 50 feet to Point of Beginning. AND All of Lots 8, 9, 10 AND 11, in Block 3 of "MAP OF BAYSHORE", according to the Plat thereof, as recorded in Plat Book 5, Page 116, of the Public Records of Mieml-Dade County, Florida. AND All of Lots 1, 2,3,4,5,6 and 7, in Block 'E' of "Revised Plat Showing Blodcs 4 & 6, Tracts C & E of BAY SHORE', according to the Plat thereof, as recorded in Plat Book 9, Page 60, of the Public Records of Miami -Dade County, Florida. Said lands situated in the City of Miami, Miami -Dade County, Florida. AND Lots 1. through 6, inclusive, of Block 4, of REVISED PLAT SHOWING BLOCKS 4 & 6, TRACTS C & E OF BAY SHORE, according to the Plat thereof, recorded In Plat Book 9, at Page 60, of the Public Records of Miami -Dade County, Florida. (CONTINUE) AND Beginning 258 feet South of the Southeast comer of Northwest one -quarter of Section 18, Township 53 South, Range 42 East; thence run West 416 feet to a Starting Point; thence South 200 feet; thence West 30 feet; thence North 2.00 feet; thence East 30 feet to the POINT OF BEGINNING. AND Commence at the intersection of the City of Miami monument lines of N.E. 61st Street with N,E, 5th Avenue; thence due South, along the City of Miami monument line of N.E. 5th Street, a distance of 142.01 feet; thence South 89°16'56" East, a distance of 39.00 feet to the Southwest Comer of Lot 29 of "WHITE'S LEMON CITY", according to the Plat thereof, as recorded in Plat Book "B", Page 32 of the Public Records of Miami -Dade County, Florida; thence continue South 89°36'56" East, along the South line of said Lot 29 and Its Easterly extension, a distanm of 243.13 feel to the Northwest corner of Lot 2 of "BAY SHORE REVISED", according to the Plat thereof, as recorded in Plat Book 9, Page 60, of the Public Records of Miami -Dade County, Florida; thence South 00°03'50" West, a distance of 200,00 feet to the Northeast corner of Northeast 60th Street right-of-way, at its point of termination at the West line of Lot 1 of said Plat of "BAY SHORE REVISED" and the Point of Beginning; thence continue South 00°03'50" West, along the West line of Lot 1 of said "BAY SHORE REVISED" Plat and its Southerly extension, a distance of 38.76 feet to a point on the South right-of-way line of said N.E. 60 Street; thence North 89°35'36" West, a distance of 228.97 feet to a point on the East right-of-way line of Northeast 5thAvenue; thence North 12°34'1.8" West, a distance of 54.40 feet to a point on the arc of a circular curve concave to the Northeast, having a radius of 25.00 feet and a radial bearing of South 64°51'25" West; thence Southeasterly and Easterly, through a central angle of 64'26'25", an arc distance of 28.12 feet to a point on the North right-of-way line of said Northeast 60th Street and a point of tangency; thence North 89°35'00" West, along said North right-of-way line; a distance of 218.41 feet to the Point of Beginning. Said land situated in the City of Miami, Miami -Dade County, Florida. Exhibit B The East 135 feet of Lot 8, less the North 4 feet of the East 35 feet for right-of-way In Block "E" of THE REVISED PLAT OF BLOCKS 4 & 6 AND TRACTS C & E OF BAY SHORE, according to the plat thereof as recorded in Plat Book 9, Page 60, of the Public Records of Miami -Dade County, Florida; a/k/a Portion of Lot 18 and Lots 19 and 20, less the North 4 feet for right -of way, of WHITE'S. LEMON CITY, according to the plat thereof as recorded In Plat Book "B", Page 32, of the Public Records of Mlaml-Dade County, Florida.