HomeMy WebLinkAboutSubmittal-Declaration of Restrictive CovenantsThis 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 , 2013 , 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 6200
Biscayne Boulevard (See attached Exhibit "B" ) shall be developed in accordance with
the provisions of the Declaration herein.
13-a/O V6 Sc- &boo; t- I1C1ar~at v7
L., 0VC �S
of'es+ cfiVe
Submitted into the public
record in connection with
item PZ.1 on 01/23/14
Todd B. Hannon
City Clerk
NOW THEREFORE, the Owners voluntarily covenant and agree that the
Property at 6200 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 �ciion.
Section 2. The Owners hereby make the following voluntary declarations
running with the land:
A. The title to the property located at 6200 Biscayne Boulevard,
described in Exhibit B, shall not be property 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
Submitted into the public
record in connection with
item PZ.1 on 01/23/14
Todd B. Hannon
City Clerk
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 acceptaole 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]
Submitted into the public
record in connection with
item Pz.1 on 01/23/14
Todd B. Hannon
City Clerk
ACKNOWLEDGMENT
INDIVIDUAL
Signed. witnessed, executed and acknowledged on this day of
, 2013.
Witnesses: Print Name
Signature
Print Name
Signature
STATE OF
COUNTY OF
The Cushman School
Address:
The foregoing instrument was acknowledged before me by The Cushman School. He
is Q personally known to me or ❑ has produced , as
identification.
Witness my signature and official seal this
County and State aforesaid.
day of 2013, in the
Notary Public State of
My Commission Expires: Print Name
Submitted into the public
record in connection with
item PZ.i on 01/23/14
Todd 8. Hannon
City Clerk
Exhibit �t
BAYSHORE REV PB 9-60 E135FT LOT 8 BLK E LESS N4FT OF E35FT FOR R/W
AKA PORT LOT 18 PB B-32 & LOTS 19 & 20 LESS N4FT FOR R/W OF LEMON CITY
WHFFSPBB-ti2
Submitted into the public
record in connection with
item PZ.1 on 01/23/14
Todd B. Hannon
City Clerk
Cruz, Cynthia
From: Ben Fernandez <bfernandez@brzoninglaw.com>
Sent: Thursday, January 23, 2014 4:52 PM
To: Cruz, Cynthia
Subject: Fwd: CUSHMAN SCHOOL STREET CLOSING
Ben Fernandez
Bercow, Radell & Fernandez
Begin forwarded message:
From: <Nanlieb rt,aoi.com>
Date: January 23, 2014, 3:23:30 PM EST
To: <khardemon a,rniamigov.com>, <msamoff@miamigov.com>
Cc: <bfernandez(brzoninglaw.com>, <abalseiro rRcushmanschool.org>
Subject: CUSHMAN SCHOOL STREET CLOSING
MAYOR AND COMMISSIONERS,
The Cushman School street closing is on the City of Miami agenda today. After a meeting today with Bob
Powers speaking for Palm Grove, Cushman has proffered and Bob has agreed to the following and will
not oppose the closure of the street:
1.The street right-of-way will remain accessible to emergency vehicles
2.The public will utilize the parking areas when school is not in session
3.Cushman will provide signage designed for Palm Grove
4.Cushman will allow ingress and egress for tours.
The MiMo Association will NOT oppose the street closure if the following is agreed:
1.Cushman will proffer a covenant that will restrict a Unity of Title between the existing school and their
newly acquired former liquor store abutting the school property. Within 30 days of today, the covenant will
be proffered as a condition of the agreement that will run with the land between the city and the school,
The MiMo Association will review the covenant prior to its final approval
2.Cushman will mitigate the inconvenience to the public by planting a number to be determined of large
trees in the MiMo Boulevard ROW between 60 and 77th Streets.
Nancy Liebman
President, MiMo Biscayne Association, inc.
1
Submitted into the public
record in connection with
item PZ.1 on 01/23/14
Todd B. Hannon
City Clerk
City of Miami
Legislation
Resolution
City Half
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.r---
File Number: 13-01046se Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE =
rn
NORTHEAST 60TH STREET FROM NORTHEAST 5TH COURT TO BISCAYNE s p
BOULEVARD, AND NORTHEAST 5TH COURT FROM APPROXIMATELY 90 FEET
NORTHWEST OF BISCAYNE BOULEVARD TO NORTHEAST 60TH STREET, c o
MIAMI, FLORIDA. " •.
•_ N
_0 O i=
z
WHEREAS, the Plat and Street Committee, at its meeting on June 6, 2013, has reviewed the
subject tentative plat entitled, "The Cushman School" and determined that all technical requirements
have been met and by a vote of four to zero (4-0) recommending APPROVAL of the vacation and
closure as set forth; and
WHEREAS, the Department of Public Works and the Plat and Street Committee have studied the
subject vacation and closure and determined that it will not affect pedestrian or vehicular traffic
circulation or access for public service; and
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on October
16, 2013, following an advertised public hearing, adopted Resolution No. PZAB-R-13-052 by a vote of
seven to zero (7-0), item no. 3, recommending APPROVAL of the vacation and closure as set forth;
and
WHEREAS, the City Commission, finds that it is in the best interest of the general welfare of the
City of Miami and its inhabitants to grant the vacation and closure of a portion of the public right-of-way
as hereinafter described, and deems it advisable to do so;
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 street located at approximately Northeast 60th Street from Northeast 5th Court to
Biscayne Boulevard, and Northeast 5th Court from approximately 90 feet northwest of Biscayne
Boulevard to Northeast 60th Street, Miami, Florida, more particularly described in Exhibit "A," is
closed, vacated, abandoned and discontinued for public use.
Section 3. Approval of the requested vacation and closure shall be valid for a period of four (4)
years and shall remain independent of the referenced tentative plat during this period.
Section 4, The approved final plat must be recorded within the four (4) year approval period of the
requested vacation and closure
Todd B. Hannon
Section 5. This Resolution shall become effective immediately upon its adoption and signature of
City of Miami Page l of 2
File Id: 13-01046sc (Version: 2) Printed On: 11/5/2013
File Number, 13-01046sc
the Mayor. {1)
APPROVED AS TO FORM AND CORRECTNESS:
VIC ?SRIA M; NDEZ
CITY ATTOR EY
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.
Submitted into the public
record in connection with
item PZ.1 on 01/23/14
Todd B. Hannon
City Clerk
City of Miami Page 2 of 2 File Id: I3-01046se (Version: 2) Printed On: 11/5/2013