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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 16-00247cr Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A MODIFICATION OF THE DECLARATION OF RESTRICTIVE
COVENANTS DATED ON MARCH 9, 2005, AND RECORDED IN OFFICIAL
RECORDS BOOK 23151, PAGE 4667, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 35 NORTHEAST 40TH STREET AND 34-60 NORTHEAST 41 ST
STREET, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN "EXHIBITA", ATTACHED
AND INCORPORATED.
WHEREAS, the properties located at approximately 35 Northeast 40th Street and 34-60 Northeast
41 st Street, Miami, Florida, as legally described in "Exhibit A," attached and incorporated, are subject
to a Corrective Declaration of Restrictive Covenants in Lieu of Unity of Title as recorded on March 9,
2005, in the Miami -Dade County, Florida Official Records Book 23151, Page 4658; and
WHEREAS, the properties located at approximately 35 Northeast 40th Street and 34-60 Northeast
41 st Street, Miami, Florida, are subject to a Declaration of Restrictive Covenants as recorded on
March 9, 2005, in the Miami -Dade County, Florida Official Records Book 23151, Page 4667, attached
and incorporated as "Exhibit B"; and
WHEREAS, on February 2, 2016, the applicant submitted a request to release the Corrective
Declaration of Restrictive Covenants in Lieu of Unity of Title and modify the Declaration of Restrictive
Covenants on the properties located at approximately 35 Northeast 40th Street and 34-60 Northeast
41 st Street, Miami, Florida; 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 a modification of
the Declaration of Restrictive Covenants, in a form substantially similar to "Exhibit C";
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 City Manager is authorized {1} to execute a modification of the Declaration of
Restrictive Covenants dated on March 9, 2005, recorded in Official Records Book 23151, Page 4667,
of the Public Records of Miami -Dade County, Florida, for the properties located at approximately 35
Northeast 40th Street and 34-60 Northeast 41 st Street, Miami, Florida, in a form substantially similar to
"Exhibit C".
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {2}
City of Miami Page I of 2 File Id: 16-00247cr (Version: 1) Printed On: 3/8/2016
File Number: 16-00247cr
APPROVED AS TO FORM AND CORRECTNESS:
jVI TORIA ENDEZ
CITY ATTORNEY
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be imposed
by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
{2} 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: 16-00247cr (Version: 1) Printed On: 3/8/2016