HomeMy WebLinkAboutExhibit BGe_1349;(
This instrument prepared by and after recording return to
Javier Vazquez, Esq.
Berger Singerman LLP
1450 Brickell Avenue, Suite 1900
Miami, FL 33131
MODIFICATION OF DECLARATION OF RESTRICTIONS IN FAVOR OF
CITY OF MIAMI
THIS MODIFICATION OF A DECLARATION OF RESTRICTIONS IN THE FORM
OF A COVENANT RUNNING WITH THE LAND IN FAVOR OF CITY OF MIAMI (this "
Modification ") is made as of this day of , 2015, by the the Owner
of record who is Cinco M. Corp. , a Florida corporation , having their
current address at 819 Anastasia Avenue, Coral Gables, Fl. 3313.4,
WITNESSETH:
WHEREAS, on October 18, 2006, Cinco M's Corp. executed a Declaration of
Restrictions ("Covenant") as the owners of the property located in Miami, Florida, described as
Lot 44& 45, 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 (the "Property"), said Covenant being recorded on November 16, 2006, in Official
Records Book 25102 at Page 2137 of the Public Records of Miami -Dade County, Florida; and
WHEREAS, the Covenant limits the development of the Property by requiring that it be
developed substantially in accordance with the site plan attached to the above referenced
Restriction , dated June 21, 2006, proposed by Engineering and Construction, S.A. Corp,
comprising of two (2) pages and attached as Exhibit "A" and on file with the City of Miami
Office of Hearing Boards, ; and,
WHEREAS, the Owner, Cinco M's Corp. whose address is 819 Anastasia Avenue, Coral
Gables, FL 33134 applied for a Special Appearance for the Release of the Covenant in order to
develop the subject property as apartment housing consistent with the property's existing T6-8-0
zoning designation and pursuant to the Miami 21 Code. ; and,
WHEREAS, the Owner, at the hearing for the aforementioned release of covenant,
voluntarily and knowingly proffered certain restrictions to modify the Covenant rather than to
release it in its entirety; and
WHEREAS, the aforementioned matter was considered and approved as a modification
by the Miami City Commission at its meeting of November 19, 2015 by City of Miami
6801466.2
1
Resolution No. #15-0513, subject to the submittal, acceptance, and recordation of this
Modification document.
IN WITNESS WHEREOF, this Modification is executed effective as of the date first
written above.
1. The City of Miami , by and through its City Manager , following City Commission
approval hereby modifies that Covenant recorded on November 16, 2006, in Official
Records Book 25102 at Page 2137 of the Public Records of Miami -Dade County,
Florida, as follows:
A. The requirement of development in substantial compliance with a particular plan,
as per Paragraph II. of the Covenant, is hereby deleted,
B. Development of the subject property, zoned T6-8 0, shall be limited to residential
uses only, and limited to 5 stories.
2, The Owner shall promptly record a copy of this Modification in the public records of
Miami -Dade County and shall furnish the City Clerk with a certified copy of the recorded
Release within thirty (30) days of receiving this Release.
3. Except as herein modified all terms and conditions of a procedural nature contained in the
original Covenant , such as the Term, that the Covenant runs with the land and binds the
Owner, its heirs, successors and assigns, among others, remain in operative force and
effect.
6801466-2
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CITY OF MIAMI
Attest: „� P a Florida municipal c.rc.ra jot
Todd f annon .2 - 21_) (,
City C1e
/
Approved as,'to
Daniel J. Alfo
City Manager
'6"gaJ4 orm and Correctness
i
ctoria Monc-z, Esquire
ty Attorne
414
4/6-31�
Appr, ed as to Planning and Zoning
Devin Cejas, Acting Zo i ing Ad
Department of Planning an• onin
F acisco Garcia, Direct
O'""Departlnent of Planning and Zoning
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
inistrator,
SST bra
SS:
The foregoing instru neat was acknowledged before me this day of 1' �, 0°`�`� 201
by Daniel J. Alfonso, on behalf of the City, who is personally known to me or produced
valid driver's license as identification.
[NOTARIAL SEAL]
My commission expires:
6801466-2
MY COMMISSI90P ta00S03
y;. EXPIRES: MO 2, 2019
,A6 Bonded Thnu Notary pypjlo UnOsryvitent
Notar Public, State of Flrida
Print ame;
3
This instrument prepared by and after recording return to :
Javier Vazquez, Esq.
Berger Singerman LLP
1450 Brickell Avenue, Suite 1900
Miami, FL 33131
RELEASE OF DECLARATION OF RESTRICTI'0 NS IN FAVOR OF
CITY OF MIAMI
THIS RELEASE OF COVENANT RUNNING ITH THE LAND IN FAVOR OF
CITY OF MIAMI (this "Release") is made as of this day of , 2015, by the
the owner.
WITNESS TH:
WHEREAS, on October 18, 2006, Ci co M's Corp. executed a Declaration of
Restrictions ("Declaration") as the owners of th property located in Miami, Florida, described
as Lot 44& 45, Block 7, of MIAMI SURBUR AN ACRES AMENDED, according to the Plat
thereof, as recorded in Plat Book 4, at Page 3 of the Public Records of Miami -Dade County,
Florida (the "Property"), said Covenant ing recorded on November 16, 2006, in Official
Records Book 25102 at Page 2137 of the P blic Records of Miami -Dade County, Florida; and
WHEREAS, the Covenant limit the development of the Property by requiring that it be
developed substantially in accordance ith the attached site plan, dated June 21, 2006, proposed
by Engineering and Construction, Sf.A. Corp, comprising of two (2) pages and attached as
Exhibit "A" and on file with the Cityof Miami Office of Hearing Boards. ; and,
WHEREAS, the Owner, mco M's Corp. whose address is 819 Anastasia Avenue, Coral
Gables, FL 33134 ("has appli9d for a Special Appearance for the ("Owner") Release of the
Covenant in order to develop the subject property with the construction of apartment housing
consistent with the property'existing T6-8-O zoning designation. pursuant to the Miami 21
Code, ; and,
WHEREAS, the Cit' Administration does not have an objection to the this Release; and,
WHEREAS, the forementioned Special Appearance to request the approval of the City
Commission was consi9 red and approved by the Miami City Commission at its meeting of
November 19, 2015 by /City of Miami Resolution No. #_15-
above.
6751740-2
IN WITNESS/WHEREOF, this Release is executed effective as of the date first written
1
The City of Miami , by and through its City Manager , following City Commission ap�proval
hereby releases Declaration of Restrictions ("Declaration") located in Miami, Florida, described
as Lot 44& 45, Block 7, of MIAMI SURBURBAN ACRES AMENDED, accor 'dig to the Plat
thereof, as recorded in Plat Book 4, at Page 73 of the Public Records of Miami ade County,
Florida (the "Property"), said Covenant being recorded on November 16, 21 * 6, in Official
Records Book 25102 at Page 2137 of the Public Records of Miami -Dade aunty, Florida;
provided, however, that any other City restriction or encumbrance is not eleased.
2, The Owner shall promptly record a copy of this Release in the pub is records of Miami -Dade
County and shall furnish the City Clerk with a certified copy of the ecorded Release within
thirty (30) days of receiving this Release, .
Approved as to Legal Form and Correctness CITY 0 r MIAMI
a Florid municipal corporation
Victoria Mendez, Esquire By:
City Attorney Daniel J. Alfonso
City Manager
Attest:
Todd Hannon
City Clerk
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrum
by Daniel J. Alfonso,
valid driver's license as iden
[NOTARIAL SEAL]
SS:
t was acknowledged before me this day of , 2015
n behalf of the City, who is personally known to me or produced a
fication.
Notary Public, State of Florida
My commission expires: Print Name:
6751740-2
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