HomeMy WebLinkAboutR-16-0237City of Miami
Legislation
Resolution: R-16-0237
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 16-00247cr Final Action Date: 5/12/2016
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING THE RELEASE OF THE 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 41ST 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 release and/or 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 the application,
including a Release 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 Release 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 1 of 2 File Id: 16-00247cr (Version: 21 Printed On: 5/8/2018
File Number: 16-00247cr Enactment Number: R-16-0237
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: 21 Printed On: 5/8/2018