HomeMy WebLinkAboutExhibit BftE4
P1'
gime
PIM
111, EMIR
This instrument was prepared by and after being recorded shall
be returned to :
Name: Ben Fernandez, Esq.
Address: Bercow & Radell, P.A.
200 S. Biscayne Boulevard, Suite 850
Miami, FL 33131
UP14 2 CP 1, 4-1W0 &WZC,07
OR PA; 29158 NS 2894 - 2901i (8P9
RECORDED OW20/2014 10WOM
HARVEY ROVINv CLERK OF GNU
MIANI-DADE COUNM FLORIDA
(Space reserved for Clerk)
•
ECLARATION OF1'ESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (the "Declaration") made this 13th day of
May, 2014 , by The Cushman School (hereinafter referred to as the "Owners"), is in favor
of the CITY OF
l•
IA
I, FLORIDA, a municipality located within the state of Florida
(hereinafter referred to as the "CITY"),
WHEREAS, the Owners sought and obtained a right of way vacation pursuant to
Resolution No, R-14-0070, for the property located at and being legally described s:
(See attachec Exhibit A),
WHEREAS, the Owners are desirous of making a voluntary bincing 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, •
CI Efil<4'^a (:"
NOt THEREFORE, the Owners knowingly and 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 touching and
running with the land and
)inding upon the Owner of the Property, and its heirs,
successors and assign,, as foliows
SectionThe 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,
Stc4ioll 2, The Owners hereby freely make the following voluntary declarations
running with theland
A. The title to the oroperty located at 6050 Biscayne Boulevard,
cescribed in Exhibit B, shall not be unified for zoning purposes with
any other portions of the Property, No Unity of Title or Covenant in
• Lieu of Unity of Title will be oresented by the Owners of the property,
B. The public right-of-way area to oe vacated shall be described as an
ingress and egress easement avails
r)le to City of Miarni emergency,
code compliance, building inspection, and public safety vehicles at all
times, The Owners shall also make the ingress and egress easement
area available to the MilVlo Association anc the Palm Grove
Neighborhood Association, other associations or members of the
general oublic respectively, for historic tours and walks c
school hours upon recuest,
C. The Owners shall make available to the commercial owners and
corrimercial tenants on Biscayne Boulevard any approved parking
spaces located et the Steam Lab Prooerty, located at 6200 Biscayne
Boulevard, after regular school hours, by lease agreement
§esultri p,..._pfeqtlysLgate, This Declaration is effective at the date of execution
hereof, This instrument shall constitute a covenant running with the title to the Prooerty
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
pu
olio welfare, and serve the public interest,
Section
APEPlica.
JawjVen, Florida law will applylo-interpretatiorrof'
this instrument. Venue in any civil actions arising under this instrument shall be in
Miami -Dade County, Florida, Each party shall bear their own attorney's fees, except as
crovidec in Section Six (6) below,
ModificiagoIN This instrument may be rnodified,
amenced, or released as to any portions of the Property by a written instrument
executed by the then Owners of the fee -simple title to the land to oe affected
oy 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
ex
Pense, of the Owner, Upon approval of such modification amendment or release as
specified herein, the Director of the City of Miami's Planning and Zoning De
Da rtmen t or
his successor shall execute a written instrument in recordable form effectuating and
acknowledging such modification, 'amendment or release, Such instruments shall be in
0,,Tg,Z=FITez
4)
a form ,-lc,ceotable to the City Attorney,
) i ,j
,IN Ii:01) IA 'UM .5,
t '`CAO„AV
Section 6. Ins. ection and Enforcem nt. An enforcement action may be
)rought by the City by action in law or in ec
uity 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.
Fttetioft
7.„Apygiqpility4 Invalidation of any one of these covenants by judgment
of -Court -shall- horaffcrahrOf"the" other -provi'sionS'" of ...the- Declarationywhicirthbir
remain in full effect,
Flppgrdisia, This Declaration shall be filed of record among the
31ic Records of Miami -Dade County, Florida, at the costof the Owners, and the City
p LA
of Miami Planning and Zoning Director will be furnished a recorded copy by the Owners
within thirty (30) days of this Declaration being recorded,
The Officer who is the signatory below is authorized to bind the Owners to this
Covenant
[Signature Pages to FoHow]
ACKNOWLEDGMENT
INDIVIDUAL
Signed, witnessed, executed and acknowledged on thi
2014,
Witnesses:
Sg Lire
•
•
Print N'arne •
Signature'
Print Name
STATE
COUNTY
Print Name
day of
The
By President/CEO
Addressi,_
Tli
•
, _
The foregoing instrument was acknowledged before me by LAL:uil_tx,21,,IA:',.k.(ir 0
the 7preOderitigH07- - --- of The Cushman Schodl,
He/She isIdipersonally known to me or UJ has produced , as
identification.
Witness my signature and official seal this day of
County and State aforesaid,
My Commission Expires:
"P"Y","0VVVVVVYAO
Nary Palk Slarte of rirokla
Sheryl Rudnk*
miy 0ouni45aloil EC: 000505
Egplie$ 12/26/2010
AONiAL,AfM'Ol'kdNiPNAIN"p"\p""etwii%)
A ,
Notary Public State of k
Print Ndfie
2014, in the
-;`
1,14,
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THE LAND REFERRED TO HEREIN BELOW IS SITIJAT ED IN THE COUNTY OF Miarnl-Dade, STATE or FL, AND IS
DESCRIBED AS FOLLOWS:
A portion of Section 1.8, Township 53 South, Range 42, East, all lying and being In Mlomi-Dade County, Florida;
beinlp more particularly described as folic vs, to wit;
Begin at point 398.00 feet South and 556,00 feet West of the Southeast corner of the Northwest: one -quarter of
Section 18; thence run South 60 feet; thence fun West 1.20 l`eet to a point; thence run North 60 feet to a point;
thence run East .1.20 feet to the Point of Beginning; LESS ANI) EXCEPT, however, a small tract of land at the
Southwesterly corner of the 'Tract herein described heretofore conveyed to the City of Miami for ,treat puipoec.s,
said Tract being at the Northeasterly intersection of Northeast 60th Strout and Nor che-aast Sth Avenue in the City of
Miami, Florida, Said small tract of (and 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 a)mer of the Southwest
one -quarter of Section 1.8, 'township 53 South, Ramie 42 fast, said point being the Southeast corner of the second
mentioned tract of land conveyed by E,L. Eaton to EI9abeth "f. Eaton on August 12, 1.926, and recorded in Deed
Book 995, Page 101, of the Public Records of Mieml-Dad County, Florida; thence Last along the South lint. of said
second mentioned tract of land conveyed to Elizabeth "I". Eaton, said Tine 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 loos, to a point of
curve; u;rrnw N•.xti1 n, ;,temfy aiong the are, of A I: nv:110 1 cur vb 18 the right friivinp e r6dlu;, of 20 00 feet, a eentrat
angle of 89 degrees 42 minutes 26 seconds, n distance of 39.1.4 Not, more or less, to a point of 101910nt errs the
West line of said second mentioned tract conveyer) to Ellr.abeth T. Eaton; thence South along said West line parallel
to and 676.00 feet West of the East line of said Southwest one quarter of Section 18, a distance o1' 24,87 feet.,
more or less to the Point of Brginnin{3,
AND
Beginning at. a point of 324.67 feet South, and 536 feet West of me Southeast Cromer of the Northwest one -quarter
of Section 18, Township 53 South, Rerige 42 East; theme. South 73,33 feet; thence. West 17.0 feet; thence North
7i1.33 fees; thence East 1.20 feet to (he Point of Beginning.
AND
fleginning 258 feet.south of and 556 feet West: of the Southeast corner of the' Northwest quarter of Section 118,
Township 53 South, Range 42 Fast, thence Wea 120 feet; thence South 63 and one-third feet; thence Gast 120
feet; thence North 63 toad one third feet to the Point of Beginning; all lying and Doing In MfarI-Dada County,
Florida,
w
v
(CONTINUE)
AND
Begin at a point 258 feet South and 196 feet West of the Southeast comer of the Northwest one -quarter of Section
18, Township S3 South, Range 42 East for a Point of Beginning; thence West parallel to the South line of sold
Northwest one -quarter a distance of 60 feet; thence South parallel to the East fine of the Southwest one -quarter of
said Section 1.8, a dktance of 200 feet; thence Fast parallel to the South Ilne of said Northwest one-tfuartbi, n
distance of 60 feet; thence North parallel to the East line of sold Southwoot one -quarter a distance of 200 feet to the
Point of Beginning, lying and being In M+iiarnN)adc County, Florida:
AND
Those certain tracts or parcels of kind situate In the Northeast ono-quartetr of the Northeast one -quarter of the
Southwest one -quarter of Section 18, Township 53 South, Range 42 last, particularly described as follows, to wit;
Commencing at a point 350 feet South and 416 feet. West of the Southeast corner of the Noit'hwest ono•quarter of
section 18, Township 53 South, Range 12 Gast, end run South 100 feet; thence West 50 feet; thence North 100 feet;
thence East 50 feet to Point of Beginning,
AND
Commencing of a point 258 feet South, and 116 feet Went of the Southeast comer of the Northwest ontequerter of
Section 18, Township 53 South, Range 92• East, and run South 100 INet; thence West 50 feet; thence North 100 feet,
thence Bast 50 feet to Point of Beginning,
AND
All of Lots 8, 9, 10 AND 01., In Block 3 of "M.AP OF DAYSHORE:", according to the Plat thereof, as recorded in Plat Book
5, Page 11.6, of the Public Records of Miami -Dade County, Florida,
All of Lots s 1, 2,3/1,5,6 and 7, In Block L' of "Revised Plat Showing Blocks 1 & 6, Tracts C Fc E of BAY 8I40RE",
according to the Plat thereof, as recorded in Plat Book 9, Page 60, of the Public Records of MlomiiiDodo County, ut
Florida.
Surd landssituated in the City of Miami, Miam1-1)ade County, Florida: )
AND
tots J. through 6, Inclusivea, of Block 4, of REVISED PLAT SHOWING BLOCKS 4 & 6,'07A006 C R C 00 BAY SHORE,
according to the Plat thereof,. recorded in Plat Book; 9, at Page 60, of the Pubil'c Records of Miami -Dade County,
Florida.
r2
iia
era
(CXONTTNUE)
AND
Beginning 258 fret South of the Southeast comer of Northwest one -quarter of 5exiion 18, Town ship 53 South, Runge
42 Feet; thence run West 11.6 feet to a Shnrting Point; thence South 200 feet; thence went 30 feol'l. thence North 200
feet; thence East 30 feet to the p00IT OF BEGINNiNG,
AND
Commence et the intersection of the City of Miami monument lines of N.E. 61st Street with N.E. 511) Avenue; thence
clue South, along the City of Miami monument line of N.13. Slit Street, a distance of 112,01. feet; thence South
89"36`56" East, a distance of 39,00 i074 to the Southwest comer of Lot 20 of "WHITE'S LEMON CITY", according to
the Plat thereof, as recorded In Plat ('look."13", Page 32 of Uiu Public Records of Miarni-horde County, Florida; thence
continue South 89"36'56" East, along the South Tine of said Lot 29 and its Easterly extension,. a dfstanCeof 213,13
feet to the Northwest corner of Lot 2 of "DAY SNORE REVISED", according to the Plot thereof, es recorded In Piot
Book 9, Page 60, of the Public Records of Miami -Dade County, Florida; thence South 00°03'50" West, a distarnce of
200,00 feet to the Northeast corner of Northeast 60th Street Stilt-of•way, at Its point of termination at the West line
of Lot 1 of said Plat of "BAY SNORE RI=:VLSf D" 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 lino of sold N.B. 60 Street; thence North 89°3 536" West, a distance of 228.97
feet to a point on the East right-of-way line of Noriheeast Stlt Avenue; thence North 1294'18" West., a distance of
54.40 feat 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 sa central angle of 64°26'25", an arc
distance of 28.1.2 foot to a point on the North right-of-way line of saki Northeast 60th Strml and a point of tangency;
thence North 69°31.i'00" West, airing said North right-of-way line; a distance of 218.41 feet to tlae Point of Beginnirlgg,
Bald land situated in the City of Mlarnl, Mlurnl-Dade County, Florida,
q:::.;•J' 13.3 T..
i":" ,,4r, 45
Exhbt
Di*
The East 1,35 feet of Lo Sless the North 4 feet of the East 35 feet for right-of-way in Clod "E" of THE REVISED PLAT OF
l3LOCKS 4 tic 6 AND TRACTS C & E OP DAY SHORE, amardIng to the plat thereof aS recorded in Plat Book 9, Page.,60, of
the Public Records of Miami -Dade County, Florida; ofkia Portion of Lot 18 arid Lot 3,9 and ao, les$ the North 4 foot for
right -of way, of WHITE'S, LEMON (ATV, amordIng to the plat thereof as recorded tn Plat Book 13", Page 32, of the Pubitc,
Reorols of Mlaii-Dade County, Florida,
OF FLORIDA, COUNT OF DADE
HEREBY CERTIFY that this is a true copy of the
,oginal filed in ti is,4MA, on day of
6ib
, A D 20
viTN.-isS, my hand and Official Seal.
lARVEY RUVIC,CLERK, of Circuit and County Courts