HomeMy WebLinkAboutRestrictive Covenant (Submittal at PZAB)(-5/12191/147 rdo
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This instrument prepared by,
and when recorded return to:
Nicholas J. Barshel, Esq.
Akerman LLP
98 SE 7th Street, Suite 1100
Miami, FL 33131
(Space Above For Recorder's Use Only)
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIONS (this "Declaration") is made this day of
, 2016, by 2994 NMA GATEWAY PROPERTIES LLC, a Florida limited liability
company (hereinafter, the "Owner"), in favor of the City of Miami, Florida, a municipality located within
the State of Florida (the "City") (collectively, the "Parties").
WITNESSETH:
WHEREAS, the Owner holds fee simple title to that certain property located at 28 NW 30th
Street, Miami, Florida ("West Parcel") and 26 NW 30th Street, Miami, Florida ("East Parcel")
(collectively the "Property"), as more specifically described in Exhibit "A"; and
WHEREAS, the Owner has filed an application to amend the Atlas of the City of Miami Zoning
Code ("Miami 21 Code") to change the zoning classification of the Property from T5-O to T6-8-O; and
WHEREAS, the Property is adjacent to parcels with a zoning classification of T6-8-0 that are
within the Neighborhood Revitalization District NRD-1 overlay, as depicted on the Miami 21 Zoning
Atlas, and said parcels are under contiguous ownership with the Property by the Owner; and
WHEREAS, Article 5.6 of the Miami 21 Code establishes certain development standards within
the T6-8-O transect zone, including setbacks from principal and secondary frontages, side setbacks, and
building height, as defined under the Miami 21 Code; and
WHEREAS, the Owner desires to ensure that the future development of the Property is
consistent with both the current and future conditions of the surrounding neighborhood, and properly
transitions between the commercial and residential components of this area; and
WHEREAS, the City of Miami City Commission has reviewed the application for amendment to
the Atlas of the Miami 21 Code and determined the application to be consistent with the criteria contained
in Article 7.1.2,8; and
WHEREAS, the City Commission of the City of Miami, approved the zoning amendment
pursuant to Ordinance No. , adopted on and attached hereto and made a part
hereof as Exhibit "B".
NOW THEREFORE, the Owner, in order to assure the City that the representations made at the
public hearing will be abided by the Owner, and its successors or assigns, freely, voluntarily and without
duress makes the following covenants covering and running with the Property:
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1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference.
2. Covenant Against the Property. The Owner hereby declares that:
a) Maximum Height on West Parcel. Any future building, or portion of a building,
constructed on the West Parcel shall be no greater than eight (8) Stories in Height, as defined
in the Miami 21 Code ("Height"); and
b) Other Requirements. All setback, height, and other lot development standards
applicable under the Miami 21 Code shall also apply to any building constructed on the
Property. Any development of the Property shall be reviewed by the Wynwood Design
Review Committee (WDRC), as provided for by Chapter 2 of the City Code.
In the event the Miami 21 Code is amended to permit the property directly abutting the western
boundary of West Parcel to exceed five (5) Stories in Height by Right or through the use of the public
benefits program or other provision of the Miami 21 Code, the purpose of this Declaration shall no longer
exist and the City shall, at Owner's request, agree to a release of this Declaration, consistent with the
procedures set forth in Section 6 herein.
3. Effective Date. This instrument shall constitute a covenant running with the title to the
Property and be binding upon Owner, its successors 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 of ten (10) years, unless modified, amended or released
prior 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
of 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 the owner(s) of the fee -simple title to the
Property to be effected by such amendment, modification, or release and the City with the 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 will be subject to the approval
as to legal form by the City Attorney.
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.
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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 2"d Avenue, 4th Floor, Miami, Fl., 33130-1910 within thirty (30) days of
recordation.
IN WITNESS WHEREOF, the Owner has set his hand and seal effective of the date first above
written.
WITNESSES:
Print Name:
Print Name:
STATE OF
COUNTY OF
2994 NMA GATEWAY PROPERTIES LLC,
a Florida limited liability company
By:
Name:
Title:
The foregoing instrument was executed, acknowledged and delivered before me this day of
, 2016, by , as of 2994 NMA GATEWAY
PROPERTIES LLC, a Florida limited liability company, on behalf of the company. He/She is personally
known to me or has produced as identification.
(Official Seal)
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Name:
Notary Public, State of Florida
My Commission Number:
My Commission Expires:
Exhibit "A"
Legal Description
West Parcel
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Lot 5 of AMENDED PLAT OF ST. JAMES PARK SUBDIVISION,
according to the Plat thereof, as recorded in Plat Book 4, at Page 41, of the
Public Records of Miami -Dade County, Florida.
Address: 28 NW 30th Street; Folio No. 01-3125-028-0660
East Parcel
Lot 4 of AMENDED PLAT OF ST. JAMES PARK SUBDIVISION,
according to the Plat thereof, as recorded in Plat Book 4, at Page 41, of the
Public Records of Miami -Dade County, Florida.
Address: 26 NW 30th Street; Folio No. 01-3125-028-0651
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Exhibit "B"
Ordinance No.
[See Attached]
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