HomeMy WebLinkAboutSubmittal-Steven Wernick-Declaration of Restrictive Covenant SUBThis instrument prepared by
and when recorded returned to:
Steven J. Wernick, Esq.
Akerman LLP
Three Brickell City Centre
98 Southeast Seventh Street
Miami, FL 33131
THIS DOCUMENT IS A SUBSTITUTION TO THE
ORIGINAL. BACKUP ORIGINAL CAN BE SEEN
AT THE END OF THIS DOCUMENT.
(Space Above For Recorder's Use Only)
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (this "Declaration") is made this
day of , 2017, by 2247 NW 17TH AVENUE LLC, a Florida limited liability company
(hereinafter, the "Owner"), in favor of the City of Miami, Florida, a municipality located within the Stat
of Florida (the "City").
WITNESSETH:
WHEREAS, the Owner holds fee simple title to that certain real property located at 1900 NE
Miami Court, Miami, Florida, identified as Folio No. 01-3136-002-0340, as legally described in Exhibit
"A" attached hereto (the "Property"); and
WHEREAS, Owner submitted a rezoning application to the City to request a change in the transec
zone designation of the Property from T6-8-O to T6-12-0 (the "Application"); and
WHEREAS, the City's professional Planning and Zoning staff prepared a favorable staff report i
support of the Application based on its consistency with the Miami Comprehensive Neighborhood Plan ana
compliance with the criteria of Miami 21; and
WHEREAS, on March 15, 2017, the Planning, Zoning, and Appeals Board voted unanimously to
recommend approval of the Application per Resolution PZAB-R-17-018; and
WHEREAS, on May 25, 2017, on second reading, the City Commission voted unanimously to
approve the Application pursuant to Ordinance No. 13685, attached hereto, and made a part hereof, as
Exhibit "B"; and
WHEREAS, the City has identified increasing workforce housing as an important policy and
objective; and
WHEREAS, Owner intends to redevelop the Property under the regulations of the new transect
zone designation and will reserve a percentage of any residential units in the new development as workforce
housing units.
NOW THEREFORE, the Owner, in order to assure the City that the representations made to the
City will be abided by the Owner, its successors or assigns, freely, voluntarily and without duress makes
the following covenants covering and running with the Property:
FILE NO. 03 7
42074772;1
1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference.
2. Workforce Housing Restriction. Owner shall reserve a minimum of five percent (5%) of the total
number of multifamily residential units developed on the Property as workforce housing units, defined as
housing for households with an income of up to 140% of the area median income of Miami -Dade County,
as certified by the City of Miami's Department of Community and Economic Development. In the event
the Property is developed in a manner that exceeds the maximum floor area available under the T6-8
transect zone designation (approximately 266,963 sq ft), Owner shall reserve a minimum of fourteen.
percent (14%) of the total number of multifamily residential units on the Property as workforce housing,
units.
3. Effective Date. This Declaration shall constitute a covenant running with the title to the Property
and be binding upon Owner, its successors, heirs, and assigns upon recordation in the Public Records of
Miami -Dade County, Florida. These restrictions shall be for the benefit of, and a limitation upon, all present
and future owners of the Property and for the public welfare.
4. Term of Covenant. This Declaration on the part of the Owner shall remain in full force and
effect and shall be binding upon the Owner of the Property, its successors in interest and assigns for an
initial period of thirty (30) years from the date this instrument is recorded in the public records and shall be
automatically extended for successive periods often (10) years, unless modified, amended or released prio~'
to the expiration thereof.
5. Inspection and Enforcement. It is understood and agreed that any official inspector of the City
of Miami may have the right at any time during normal working hours to enter upon the Property for the
purpose of investigating the use of the Property, and for determining whether the conditions of this
Declaration and the requirements of the City's building and zoning regulations are being complied with. An
action to enforce the terms and conditions of this Declaration may be brought by the City and may be by
action at law or in equity against any party or person violating or attempting to violate any covenants or'
this Declaration or provisions of the building and zoning regulations, either to restrain violations or to
recover damages. This enforcement provision shall be in addition to any other remedies available under the
law.
6. Amendment and Modification. This instrument may be modified, amended or released as to any
portion of the Property by a written instrument executed by: (i) the owner(s) of the fee -simple title to the
Property to be effected by such amendment, modification, or release, (ii) and the City after approval by the
City Commission at a public hearing, which public hearing shall be applied for by, and be at the expense
of the Owner. Any modification, amendment, or release of this Declaration shall be approved as to content
by the Zoning Administrator, and as to legal form by the City Attorney in writing and must be recorded in
order to be valid and effective.
7. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect
any of the other provisions of this Declaration, which shall remain in full force and effect.
8. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade
County, Florida, at the cost of the Owner. The Owner shall submit a recorded copy to the Zoning
Administrator at 444 SW 2nd Avenue, 4th Floor, Miami, Fl., 33130-1910 within thirty (30) days of
recordation.
42074772;1
[ Signature Page Follows ]
2
IN WITNESS WHEREOF, t
written.
WITNESSES:
e Owner has set his hand and seal effective of the date first above
Print Name:
Print Name:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument wa
, 2017, by
LLC, a Florida limited liability comp.
has produced
(Official Seal)
APPROVED AS TO LEGAL FORM
AND CORRECTNESS:
OFFICE OF THE CITY ATTORNEY
By:
Printed:
2247 NW 17TH AVENUE LLC, a Florida limited
liability company
By:
Name:
Title:
executed, acknowledged and delivered before me this
, as of 2247 NW 17th
y, on behalf of the company. He/She is personally known
as identification.
42074772;1
Name:
day of,
Avenue
to me or
Notary Public, State of Florida
My Commission Number:
My Commission Expires:
APPROVED
ZONING ADMINISTRATOR
By:
Printed:
Exhibit
Address
1900 NW Miami Court
Legal Description:
LOT 1, LESS THE NORTH 5 FEET
FOOT STRIP LYING SOUTH A
SUBDIVISION, ACCORDING TO
PAGE 158, OF THE PUBLIC RE
EXCEPT THAT PORTION CONV
PURPOSES AND MORE PARTICU
A PORTION OF LOTS 1 THRU 7
ADJACENT TO SAID LOT 7 IN BL
AS RECORDED IN PLAT BOOK
COUNTY, FLORIDA LYING AN
TOWNSHIP 53 SOUTH, RANG
PARTICULARLY DESCRIBED AS
COMMENCING AT THE NORTH
SECTION 36; THENCE S89°58'07"
S00°01'53"W A DISTANCE OF 20.1
ON THE WEST LINE OF SAID LOT
CORNER OF SAID LOT 1; THE
PARALLEL TO THE ORIGINAL NI
THENCE S13°58'19"W ALONG THE
ONTO THE SOUTH LINE OF AFO •�
A POINT OF INTERSECTION WIT
THE SOUTH LINE OF AFORESAI
LINE FOR A DISTANCE OF 4.31 F
THE N.E. AND WHICH RADIUS
ANGLE OF 31 °23'33" AND A RAD
OF SAID CURVE A DISTANCE OF
ALONG A LINE 11.50 FEET WEST
7 THRU 1, FOR A DISTANCE OF 2
CURVE CONCAVE TO THE S.W., S
A RADIUS OF 25.00 FEET, THENC
CURVE A DISTANCE OF 45.35
ALONG A LINE 10 FEET SOUTH 0
LOT 1, FORA DISTANCE OF 101
N13°58'19"E ON AND ALONG THE
TO THE POINT OF BEGINNING.
42074772;1
Address and Le • al Descri . tion
Folio
01-3136-002-0340
THEREOF, AND LOTS 2 THROUGH 7, INCLUSIVE, AND A 15
D ADJACENT TO LOT 7, IN BLOCK 3, OF SAN JOSE, A
I HE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, AT
ORDS OF MIAMI-DADE COUNTY, FLORIDA; LESS AND',
YED TO THE CITY OF MIAMI FOR ROAD AND OTHER',
ARLY DESCRIBED AS FOLLOWS:
INCLUSIVE, AND A 15 FOOT STRIP LYING SOUTH AND
I CK 3 OF "SAN JOSE" ACCORDING TO THE PLAT THEREOF
3 PAGE 158 OF THE PUBLIC RECORDS OF MIAMI-DADE
BEING IN THE NE 114 OF THE NE 114 IN SECTION 36,
41 EAST, MIAMI-DADE COUNTY, FLORIDA, MORE
OLLOWS:
EST CORNER OF THE NE 1/4, OF THE NE 1/4, OF SAID
FOR A DISTANCE OF 150.21 FEET TO A POINT, THENCE
0 FEET TO THE POINT OF BEGINNING, SAID POINT BEING
1 AND 5.15 FEET SOUTHWESTERLY OF THE ORIGINAL N.W.
CE S89°58'07"E, ALONG A LINE 5 FEET SOUTH OF AND
RTH LINE OF SAID LOT 1, FOR A DISTANCE OF 145.00 FEET;
ORIGINAL EAST LINE OF LOTS 1 THRU 7 AND PROJECTED
SAID 15 FOOT STRIP, FOR A DISTANCE OF 336.95 FEET TO
A LINE THAT LIES 15 SOUTH OF AND PARALLEL WITS
LOT 7; THENCE N89°58'07"W ALONG THE SAID PARALLEL
ET TO A POINT ON A NON -TANGENT CURVE CONCAVE TO
EARS N72°34'46"E TO THE CENTER, HAVING A CENTRAL
S OF 50.00 FEET; THENCE NORTHERLY ALONG THE ARC
7.40 FEET TO A POINT OF TANGENCY; THENCE N13°58' 19"E
F AND PARALLEL TO SAID ORIGINAL EAST LINE OF LOTS
1.98 FEET TO A POINT OF CURVATURE WITH A CIRCULAR
ID CURVE HAVING A CENTRAL ANGLE OF 103°56'26" AND
NORTH AND NORTHWESTERLY ALONG THE ARC OF SAID
EET TO A POINT OF TANGENCY; THENCE N89°58'07"W
AND PARALLEL TO THE ORIGINAL NORTH LINE OF SAID
.15 FEET TO THE WEST LINE OF SAID LOT 1; THENCE
WEST LINE OFSAID LOT 1, FOR A DISTANCE OF 5.15 FEET
Exhibit B
Ordinance No. 13685
42074772;1
!SUBSTITUTED.
This instrument prepared by
and when recorded returned to:
Steven J. Wernick, Esq.
Akerman LLP
Three Brickell City Centre
98 Southeast Seventh Street
Miami, FL 33131
';.i.t.b.nlittocl into the public
.r()r it -.11-1(s).
on _115_
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4
(Space Above For Recor
DECLARATION OF RESTRICTIVE COVEN
NTS
r's Use Only)
THIS DECLARATION OF RESTRICTIVE COVENANTS this "Declaration") is made this
day of , 2017, by 2247 NW 17TH AVE LLC, a Florida limited liability
company (hereinafter, the "Owner"), in favor of the City of Miami lorida, a municipality located within
the State of Florida (the "City").
WITNESSETH:
WHEREAS, the Owner holds fee simple title t that certain real property located at 1900 NE
Miami Court, Miami, Florida, identified as Folio No. 0 -3136-002-0340, as legally described in Exhibit
"A" attached hereto (the "Property"); and
WHEREAS, Owner submitted a rezoni g application to the City to request a change in the
transect zone designation of the Property from T -8-0 to T6-12-0 (the "Application"); and
WHEREAS, the City's professiona
in support of the Application based on its
and compliance with the criteria of Mia
tanning and Zoning staff prepared a favorable staff report
nsistency with the Miami Comprehensive Neighborhood Plan
21; and
WHEREAS, on March 15, 17, the Planning, Zoning, and Appeals Board unanimously voted to
recommend approval of the Applic ion per Resolution PZAB-R-17-018; and
WHEREAS, the City as identified increasing workforce housing as an important policy and
objective; and
WHEREAS, Ow er intends to redevelop the Property under the regulations of the new transect
zone designation and ill reserve a percentage of any residential units in the new development as
workforce housing un s.
NOW T
City will be abi
the following
REFORE, the Owner, in order to assure the City that the representations made to the
d by the Owner, its successors or assigns, freely, voluntarily and without duress makes
enants covering and running with the Property:
ecitals. The foregoing recitals are true and correct and incorporated herein by reference.
. Workforce Housing Restriction. Owner shall reserve a minimum of five percent (5%) of the
total umber of residential units developed on the Property as workforce housing units, defined as
{41607328;1
\NI(
(Th
vC
rk
S ubmi tted in io ih put. ic
reco;'d its
. _
housing for households with an inco ne of up to 140% of the area median income of Miami-Das Coun
as certified by the City of Miami's Iepartment of Community and Economic Development. the even
the Property is developed in a man er that exceeds the maximum floor area available u er the T6
transect zone designation (approximately 266,963 sq ft), Owner shall reserve a minimum o thirteen and
half percent (13.5%) of the total nunber of residential units on the Property as workforce ousing units.
3. Effective Date. This Delaration shall constitute a covenant running ith the title to ti
Property and be binding upon Owner, its successors, heirs, and assigns upon re •rdation in the Pub i
Records of Miami -Dade County, Florida. These restrictions shall be for the be fit of, and a limitatio
upon, all present and future owners of the Property and for the public welfare.
4. Term of Covenant. This
effect and shall be binding upon the
initial period of thirty (30) years fro
be automatically extended for succe
prior to the expiration thereof.
Declaration on the part of the Owner hall remain in full force an
Owner of the Property, its success. s in interest and assigns for an
the date this instrument is recor.ed in the public records and shall
sive periods of ten (10) years, u, ess modified, amended or released
5. Ins ection and Enforceme t. It is understood and • ed that any official inspector of the City
of Miami may have the right at any ime during normal workg hours to enter upon the Property for the
purpose of investigating the use of the Property, and for determining whether the conditions of this
Declaration and the requirements of the City's building ad zoning regulations are being complied with.
An action to enforce the terms and c nditions of this De aration may be brought by the City and may be
by action at law or in equity against any party or pers n violating or attempting to violate any covenants
of this Declaration or provisions of tie building and oning regulations, either to restrain violations or to
recover damages. This enforcement rovision sha be in addition to any other remedies available under
the law.
6. Amendment and Modification. T s instrument may be modified, amended, or released as .o
any portion of the Property by a wr1t4en in ment executed by: (i) the owner(s) of the fee -simple title .o
the Property to be effected by such 4me sment, modification, or release, and (ii) the City after approval
by the City Commission at a public ring, which public hearing shall be applied for by, and be at d e
expense of the Owner. Any modifica '.n, amendment, or release of this Declaration shall be approved as
to content by the Zoning Administr, .r, and as to legal form by the City Attorney in writing and must be
recorded in order to be valid and e tive.
7. Severability. Inval 4 ation of any one of these covenants by judgment of Court shall not affect
any of the other provisions o this De laration, which shall remain in full force and effect.
8. Recording. T
County, Florida, at t
Administrator at 44
recordation.
is Declarati n shall be filed of record among the Public Records of Miami -Dade
cost of the Owner. The Owner shall submit a recorded copy to the Zoning
SW 2'd Aven e, 4th Floor, Miami, Fl., 33130-1910 within thirty (30) days of
{ Signature Page Follows j
(41607328;1 }2
written.
Submitted into the pub!
on
re,:c11 it f )t, jr6)]
iitett(s)
_
IN WITNESS WHEREOF, he Owner has set his hand and seal effective of the dat: first above
WITNESSES:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
The foregoing instrument was executed,
2017, by
LLC, a Florida limited liability company, on ehalf of the company. He/She is personally known to m
or has produced as entification.
Et_
ty Cie
2247 NW 17TH AVENUE LLC, a o ida limited
liability company
By:
Name:
Title:
(Official Seal)
APPROVED AS TO
AND CORREC S:
GAL FORM
OFFICE OF h CITY ATTORNEY
By:
Printed:
(41607328;I)
owledged and delivered before me this day Df
as of 2247 NW 17th Avenue
Name:
Notary Public, State of Florida
My Commission Number:
My Commission Expires:
APPROVED
ZONING ADMINISTRATOR
By:
Printed:
C
8'19"
E OF
WITH A
NGLE OF
Y ALONG
NCY; THEN
E ORIGINAL
ST LINE OF SA
OT 1, FOR A DIST
Folio
01-3136-002-0340
THEREOF, AND LOTS 2 THROUGH 7,
D ADJACENT TO LOT 7, IN BLOC
THE PLAT THEREOF, AS RECORD
CORDS OF MIAMI-DADE COUN
EYED TO THE CITY OF MIAM
LARLY DESCRIBED AS FOLLO
INCLUSIVE, AND A 15
BLOCK 3 OF "SAN JO
T BOOK 3 PAGE 158 OF
AND BEING IN THE
E 41 EAST, MIAM
FOLLOWS:
WEST CORNER
E FOR A DIST
0 FEET TO T
TIAND 5
ENCE S8
ORTH
NG T
INE
CLUSIVE, AND A
3, OF SAN JOSE,
IN PLAT BOOK 3, T
, FLORIDA; LESS AN
FOR ROAD AND OT IR
S:
FOOT STRIP LYING SOUTH A
" ACCORDING TO THE PL • T
HE PUBLIC RECORDS OF MIAM
114 OF THE NE 114 IN SECTION 3
DADE COUNTY, FLORIDA, MO
F THE NE 1/4, OF THE NE 1/4, OF SAI
CE OF 150.21 FEET TO A POINT, THEN
POINT OF BEGINNING, SAID POINT BEIN
5 FEET SOUTHWESTERLY OF THE ORIGINA
°58'07"E, ALONG A LINE 5 FEET SOUTH OF AN
E OF SAID LOT 1, FOR A DISTANCE OF 145.
ORIGINAL EAST LINE OF LOTS 1 THRU 7 AN
F AFORESAID 15 FOOT STRIP, FOR A DISTANCE
ECTION WITH A LINE THAT LIES 15 SOUTH OF AN
OF AFORESAID LOT 7; THENCE N89°58'07"W ALON
A DISTANCE OF 4.31 FEET TO A POINT ON A NO
THE N.E. AND WI-IICH RADIUS BEARS N72°34'46"E TO TH
NGLE OF 31°23'33" AND A RADIUS OF 50.00 FEET; THENC
F SAID CURVE A DISTANCE OF 27.40 FEET TO A POINT 0
ALONG A LINE 11.50 FEET WEST OF AND PARALLEL T
LOTS 7 THRU 1, FOR A DISTANCE OF 271.98 FEET TO
CIRCULAR CURVE CONCAVE TO THE S.W., SAID CURV
103°56'26" AND A RADIUS OF 25.00 FEET, THENCE NORT
THE ARC OF SAID CURVE A DISTANCE OF 45.35 FEET T
E N89°58'07"W ALONG A LINE 10 FEET SOUTH OF AN
ORTH LINE OF SAID LOT 1, FORA DISTANCE OF 101.1
D LOT 1; THENCE N13°58'19"E ON AND ALONG THE WES
NCE OF 5.15 FEET TO THE POINT OF BEGINNING.
Exhibit A — Address and Le ' al Descri tion
Address
1900 NW Miami Court
Legal Description:
LOT I, LESS THE NORTH 5 FEE
FOOT STRIP LYING SOUTH A
SUBDIVISION, ACCORDING TO
PAGE 158, OF THE PUBLIC
EXCEPT THAT PORTION CON
PURPOSES AND MORE PARTIC
A PORTION OF LOTS 1 THRU
ADJACENT TO SAID LOT 7
THEREOF AS RECORDED IN PL
DADE COUNTY, FLORIDA LYIN
TOWNSHIP 53 SOUTH, RAN
PARTICULARLY DESCRIBED AS
COMMENCING AT THE NORTH
SECTION 36; THENCE S89°58'07"
S00°0l'53"W A DISTANCE OF 20.
ON THE WEST LINE OF SAID L
N.W. CORNER OF SAID LOT 1; T
PARALLEL TO THE ORIGINAL
FEET; THENCE S 13°58' 19"W AL
PROJECTED ONTO THE SOUTH
336.95 FEET TO A POINT OF IN
PARALLEL WITH THE SOUTH
THE SAID PARALLEL LINE F
TANGENT CURVE CONCAVE T
CENTER, HAVING A CENTRA
NORTHERLY ALONG THE
TANGENCY; THENCE N13°
SAID ORIGINAL EAST
POINT OF CURVATU
HAVING A CENTRAL
AND NORTHWEST
A POINT OF TAN
PARALLEL TO
FEET TO THE
LINE OFSAID
41607328;1)
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