HomeMy WebLinkAboutSubmittal-Ben Fernandez-Declaration of Restrictive CovenantsThis instrument was prepared by:
Name: Ben Fernandez, Esq.
Address: Bercow & Radell, P.A.
200 S. Biscayne Boulevard, Suite 850
Miami, FL 33131
Submitted into the public
record `or i Vs)
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City Clerk
(Space reserved for Clerk)
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (the "Declaration") made this day of
, 2016, by BRIAN T. JAMES and NATHALIE CADET (hereinafter referred to as the
"Owners"), is in favor of the BUENA VISTA EAST HISTORIC NEIGHBORHOOD
ASSOCIATION, INC., a Florida not for profit corporation (hereinafter referred to as the
"HOA").
WLTNESSETH
WHEREAS, the property located at 184 NE 45 Street, Miami, Florida (more
specifically described on the Attached Exhibit A, and hereinafter referred to as the
"Property") was the subject of the City of Miami's Historic Environmental Preservation
Board Resolution No. HEPB-R-16-027, which designated the Property as a contributing
historic resource within the Buena Vista East Historic District on May 3, 2016;
WHEREAS, the Owners filed an appeal of the HEPB resolution (the "Appeal") to
the City Commission on May 18, 2016;
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City Clerk
WHEREAS, on September 22, 2016 the City Commission will hear the appeal;
WHEREAS, the Owners are desirous of making a voluntary binding commitment
to assure that the Property shall be developed in accordance with the provisions of the
Declaration herein.
NOW THEREFORE, the Owners voluntarily covenant and agree that upon the
City Commission's approval of the Appeal and the Property being reclassified as a non-
contributing structure, that the Property shall be subject to the following restriction that is
intended and shall be deemed to be a covenant running with the land and binding upon
the Owners of the Property, and its heirs, successors and assigns as follows:
,section 1, The recitals and findings set forth in the preamble of this Declaration
are hereby adopted by reference thereto and incorporated herein as if fully set forth in
this Section.
Section 2. The Owners shall not develop the Property together with the abutting
lot to the west located at 182 NE 451h Street (more specifically described on the
attached Exhibit B and hereinafter referred to as the "Abutting Lot").
Section 3. Effective Daly; This Declaration is effective at the date of execution
hereof. This instrument shall constitute a covenant running with the title to the Property
and shall be binding upon Owners, their successors and assigns upon recordation in
the public records of Miami Dade County, Florida. These restrictions shall be a
limitation upon all present and future Owners of the Property and shall be for the benefit
of the HOA.
Section 4. Applicable Law & Venue.
Submitted into the public ti
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Florida law will apply to interpretation of this instrument. Venue in any civil
actions arising under this instrument shall be in Miami -Dade County, Florida.
Section 5. Amendment and Modification. This covenant shall be released in
the event that the Abutting Lot is re -zoned or reclassified to allow commercial uses as
are allowed in T4-L or T4-O under the Miami zoning code.
Section 6. Insaection and Enforcement. An enforcement action may be
brought by the HOA or a property owner in the Buena Vista East Historic District as
deemed by City of Miami. by action in law or in equity against any party or person
violating or attempting to violate any covenants of this Declaration. The prevailing party
in the action or suit shall be entitled to recover costs and reasonable attorney's fees.
This enforcement provision shall be in addition to any other remedies available under
the law.
Section 7. Severability. invalidation of any one of these covenants by
judgment of Court shall not affect any of the other provisions of the Declaration, which
shall remain in full effect.
Section 6. Recording. This Declaration shall be filed of record among the
Public Records of Miami -Dade County, Florida, at the cost of the Owners, upon the City
Commission approving the Appeal and thereby adopting a resolution that re-classifies
the Property as a non-contributing structure in the Buena Vista East Historic District.
[Signature Pages to Follow]
Submitted into the public ell or rced jfor it rri(s) Vs
on '� �'�,, [ City Cieri•
ACKNOWLEDGMENT
INDIVIDUAL
Signed, witnessed, executed and acknowledged on this day of
2016.
Witnesses
Signature Brian T. James
Print Name
Signature
Print Name
STATE OF
COUNTY OF
Address:
The foregoing instrument was acknowledged before me by Brian T. James who is
personally known to me or has produced , as identification.
Witness my signature and official seal this day of , 2016
in the County and State aforesaid.
Notary Public State of
Print Name
My Commission Expires:
Submitted into the publierri
record for ite } ,
on_ Cti3,t 1il City Cierl,.
ACKNOWLEDGMENT
INDIVIDUAL
Signed, witnessed, executed and acknowledged on this day of
2016.
Witnesses
Signature Nathalie Cadet
Print Name
Signature
Print Name
STATE OF
COUNTY OF
Address:
The foregoing instrument was acknowledged before me by Nathalie Cadet who is
personally known to me or has produced , as identification.
Witness my signature and official seal this day of
2016, in the County and State aforesaid.
My Commission Expires:
Notary Public State of
Print Name
EXHIBIT A
Address: 184 NE 45th Street
Folio No.: 01-3124-024-0240
Legal Description:
Submitted into the public�k
record r ite (s)
on l l City. Clerk
Lots 3 and 4 Tess the east 5.00 feet of thereof, Block 2, of BILTMORE SUBDIVISION,
according to the Plat thereof recorded in Plat Book 6, Page 67, of the Public Records of
Miami —Dade County, Florida.
Submitted into the public it
record r it (s) r 1
on City Clerk
EXHIBIT B
Address: 182 NE 45th Street
Folio No.: 01-3124-024-0250
Legal Description:
Lot 5, Block 2, of BILTMORE SUBDIVISION, according to the Plat thereof recorded in
Plat Book 6, Page 67, of the Public Records of Miami —Dade County, Florida.