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HomeMy WebLinkAboutExhibit AEXHIBIT "A" LEGAL DESCRIPTION LOT 44 AND 45, IN BLOCK 7, OF MIAMI SUBURBAN ACRES AMENDED ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 4, PAGE 73, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. "EXHIBIT B" 1111I1111111 I1111 I1111111I I H I I l 1111111111111 CFI-1 2 0 0 6 R 1225118 DR Bk 25102 P9s 213? - 2141; (5a9s RECORDED 11/16/2006 11:31:14 HARVEY RUVINe CLERK. OF COURT MIAMI-DADE COUNTY, FLORIDA This instrument prepared by and should be returned to: Santiago D. Echemendia, Esq. Taw Cardenas, LLP 1441 Brlckel Avenue Four Seasons Tower, 15h Floor Miami, Florida 33131 (Space Above For Recorder's Use Only) DECLARATION OF RESTRICTIONS The undersigned, as 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 es: Lot 44 and 45 in Block 7 of MIAMI SURBURBAN ACRES AMENDED, according to the Plat thereof, as recorded In Plat Book 4, at Page 73 of the Public Records of Miami -Dade County, Florida, Street Address: 3690 Southwest 23`d Terrace IN ORDER TO ASSURE the Clay of Miami that the representations made to them by the Owner regarding Application No. LU-2005-08 (as to the proposed land use change) and Case No. 2005-0980 (as to the proposed rezoning) will be abided by, the Owner, its heirs, successors and assigns, freely, voluntarily and without duress makes the following Declaration of Restrictions covering and running with the Property: t. That this Declaration shall become final and shall be recorded in the Public Records of Miami -Dade County, Florida and is subject to and conditioned upon the issuance of a final non -appealable approval of the City of Miami Commission, of the rezoning of the Property from R-2 (Two - Family Residential) to C-1 (Restricted Commercial). ll. Notwithstanding the land use and zoning applicable to the Property, the use of the Property shall be limited as follows: A. That the Property shall be developed substantially in accordance with the attached site plan, dated June 21, 2006, proposed by Engineering and Construction, S.A. Corp, Book25102/Page2137 CFN#20061225118 Page 1 of 5 V. VI. comprising of two (2) pages and attached as Exhibit "A" and on file with the City of Miami Office of Hearing Boards, Covenant Running with the Land. This Declaration on the part of the Owners 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 Owners, and their 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 of the real property and for the public welfare. Modification, Amendment, Release. This Declaration of Restrictions may be modified, amended or released as to the land herein described, or any portion thereof, by a written instrument executed by the then current Owner of the Property, including joinder of all mortgages, if any, provided that the same is also approved by the City of Miami, Florida, after public hearing at the expense of Owner. The public hearing shall, at a minimum, afford notice to all property owners within 500 feet of the Property shown on the Miami -Dade County tax rolls on the date of application. Any modification, amendment, or release shall be in a form acceptable to the Director of the City of Miami Department of Planning and the Zoning Administrator, and in a legal form acceptable to the City Attorney. Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any covenants. The prevailing party in any action or suit, pertaining to or arising out of this Declaration, shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services of their attorney. This enforcement provision shall be in addition to any other remedies available at law or in equity or both, but this provision shall not authorize the granting of attorney's fees against the City of Miami, a Florida municipal corporation. 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. Book251 Q2/Page2138 CFN#20061225118 Page 2of5_ VII. Authorization to Withhold Permits of Irpspectlons. In the event any terms of this covenant are not being complied with, in addition to any other remedies available, the City of Miami is hereby authorized to withhold any further permits, and refuse to make any inspections or grant any approvals, until such time as such declaration is complied with. VIII. 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. IX. Recording. The Owner, at its own cost, shall record this Declaration in the public records of Miami -Dade County, Florida immediately upon the expiration of the appeal period, which is thirty (30) days from execution by the Mayor following acceptance and approval by the City of Miami Commission. The Owner shall furnish a recorded copy of the Declaration to the Department of Hearing Boards within thirty (30) days of Its recordation. Witnesses: Print N (Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE ) SS. By: Owner: CINCO M'S CORPORATION A Florida Corporation lani, its President The foregoing instrument was acknowledged before me this /6 day of p«, 2006, by Ileana DeMarziani, as President and on behalf of Cinco M's Corporation, who is personally known to me or produced valid driver's licenses as identification. My Commission Expires: KEITH R. HOELZEI. '.nrai.;115'5i6r,1 r DO 2E1231 E) PiRES: February 28, 2008 q,.- =•r' Trra'dolcc! NO:Fir; S3IVIZ i Zi Notary Public Sign Name: Print Name: Book25102/Page2139 CFN#20061225118 Page 0 5 SW, 23rd TERRACE 1e1.11 IR/P 111 I R rIr''ra,, 1YM. ■ H1 ■° MERE MEM 11 11'1 �1■'t ll IL2MaN1 ME' Ilk 1i1u■■ } . O EMU MEI w 11M IEEE ■. ■in `'1■ws■■111 ` .• pal ■■ 21 Trauma FM 111.111' IR/MI LOTS 52 LW 6LR. 7 SITE PLAN +aim �p Y.Y " Ma0r.1,a1lIR 1l1.1•11•14NiRRn {/w01, 1i111111iiN WMAMMluMM411, LM' r .)i ;yi.,Z'ai LOCATION PLAN 111111111IMi111•R11! NM. Mir ISOM IOW A. SIIO MOni i r AMINO PAM= MAMA 1i01 11ip11•irt i 1'_4' 'cum 1 M. OCA ant riximarenisu T T 0 V _LS V -1 Sr_ ;Ha I I?' 11111111.1,1 LPIRICVit.V ...ARA. • ywr F.P©PC' KI.W4VIYZA APPRO1TED City of Niarni j Plc nig D -pertrient 14? Date For 11 FRCFNT • ELEVATION CFN#20061225118