HomeMy WebLinkAboutLegislation (v2)City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-01387cr Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A RELEASE OF THE RESTRICTIVE COVENANT DATED OCTOBER
2006 AND RECORDED IN OFFICIAL RECORDS BOOK 25102, PAGES 2137-2141,
OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE
PROPERTY LOCATED AT APPROXIMATELY 3690 SOUTHWEST 23RD TERRACE,
MIAMI, FLORIDA, LEGALLY DESCRIBED IN "EXHIBITA", ATTACHED AND
INCORPORATED.
WHEREAS, the property located at approximately 3690 Southwest 23rd Terrace, Miami, Florida,
more particularly described in "Exhibit A," attached and incorporated, is subject to a Declaration of
Restrictions ("Covenant") dated October 2006 and recorded in Official Records Book 25102, Page
2137-2141, of the Public Records of Miami -Dade County, Florida; and
WHEREAS, on September 15, 2015, the applicant submitted a request to release the restrictions
on the Property; and
WHEREAS, the City Commission, after careful consideration of this matter finds that it is in the
best interest of the general welfare of the City of Miami and its inhabitants to approve the release of
the Covenant, in substantially the form attached as "Exhibit B", and therefore grants the request;
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 release of the Covenant dated October 2006 and recorded in Official Records
Book 25102, Page 2137-2141, is approved, in substantially the form attached as Exhibit "B".
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
APP"OVED AS TO FORM AND CORRECTNESS:
1 1 1
VICE ORIA ENDEZ
CITY ATTORNEY
City of Miami
Page 1 of 2 File Id: 15-01387cr (Version: 1) Printed On: 10/28/2015
File Number: 15-01387cr
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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.
City of Miami Page 2 of 2 File Id: 15-01387cr (Version: 1) Printed On: 10/28/2015
EXHIBIT "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-DARE COUNTY, FLORIDA,
"EXHIBIT B"
This instrument prepared by and after recording return to :
Javier Vazquez, Esq.
Firm Name, Address, etc.
RELEASE OF DECLARATION OF RESTRICTIONS IN FAVOR OF
CITY OF MIAMI
THIS RELEASE OF COVENANT RUNNING WITH THE LAND IN FAVOR OF
CITY OF MIAMI (this "Release") is made as of this day of , 2015, by the
the owner.
WITNESSETH:
WHEREAS, on October 18, 2006, Cinco M's Corp. executed a Declaration of
Restrictions ("Declaration") 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 attached site plan, 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, ("has applied 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's existing T6-8-O zoning designation.
pursuant to the Miami 21 Code. ; and,
WHEREAS, the City Administration does not have an objection to the this Release; and,
WHEREAS, the aforementioned Special Appearance to request the approval of the City
Commission was considered 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 approval
hereby releases Declaration of Restrictions ("Declaration") 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;
provided, however, that any other City restriction or encumbrance is not released.
2. The Owner shall promptly record a copy of this Release 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. .
Approved as to Legal Form and Correctness CITY OF MIAMI
a Florida municipal corporation
Victoria Mendez, Esquire By:
City Attorney
Attest:
Todd Hannon
City Clerk
STATE OF FLORIDA
SS:
COUNTY OF MIAMI-DADE
Daniel J. Alfonso
City Manager
The foregoing instrument was acknowledged before me this day of --; 2015
by Daniel J. Alfonso , on behalf of the City,
who is personally known to me or produced a valid driver's license as identification.
[NOTARIAL SEAL]
Notary Public, State of Florida
My commission expires: Print Name:
6751740-2
2
This Instrument prepared by and
should be returned to:
Santiago D. Echemendla, Esq.
Taw Cardenas, LLP
1441 BrickeJl Avenue
Four Seasons Tower, 15'h Floor
Miami, Florida 3181
1111111 I111[ Hill II1.111IIII111l11111111111111
-CF"N 01.,„r6R1225" J.
DR E,k 25102 F'ss 2137 —. Yn.141 P (CAas
RECORDED 11/16/2006 11.31:14
HARVEY •RUV1F{r CLERK OF COURT
MIAM -DARE COUHrYr FLORIDA
{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 as:
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: 3890 Southwest 23`d Terrace
IN ORDER TO ASSURE the Clfy 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-O980 (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:
That this Declaration shall become final and shall be recorded in the
Public Records of Mlaml-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 (Twa-
Family Residential) to C-1 (Restricted Commercial),
!f. 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. Cor},
'%'
Book25102/Pege2137 CFN#20061225118
Page 1 of 5
iA.
IV.
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. Ail 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.
Book25102/Page2138__.. C..FN#20Q61225118
Page 2 of 5 ..
VII. Authorization to Withhold Permits of Inspections, 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: owner:
7
Print N< e
l Print Memel
/Ace
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
SS,
)
CINCO M'S CORPORATION
A Florida Corporation
•
Hoene De
Ian', its President
The foregoing instrument was acknowledged before me this /6 day of
6c; ice--- , 2006, by Peens DeMarziani, as President and on behalf of Clnoo M's
Corporation, who is personally known to me or produced valid driver's licenses as
identification.
My Commission Expires: 2/2'�/'I
Notary Public
KEITH H. HOME. Sign Name:
iAvc,Ot•, AiSSIb(4 DD261211 Print Name;
E7:PIRF.: February 28, 2006
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