HomeMy WebLinkAboutExhibit BPlease this instrument after recording to:
Office of Zoning
City of Miami
444 SW 2nd Avenue
4' Floor
Miami, Florida 33130
Prepared By:
Javier E. Fernandez, Esq.
Holland & Knight LLP
701 Brickell Avenue, 33rd Floor
Miami, Florida 33131
Reserved for Recording
DECLARATION OF RESTRICTIVE COVENANTS
KNOW ALL MEN BYTHESE PRESENT that the undersigned, 20TH AVENUE PARTNERS LLC, a
Florida limited liability company (hereinafter, the "Declarant") hereby makes, declares and imposes on the
land herein described, this Declaration of Restrictive Covenants (the "Declaration"), and the covenants
running with the title to the land contained herein, which shall be binding on the Declarant, all heirs,
grantees, successors and assigns, personal representatives, mortgagees, lessees, and against all persons
claiming by, through or under it.
WHEREAS, Declarant is the owner of that certain property located at 3616 & 3670 NW 20th Avenue
in the City of Miami, Florida, (together, the "Property"), more particularly described on Exhibit "A,"
attached hereto and incorporated herein; and
WHEREAS, Declarant has submitted an application for a Future Land Use Map ("FLUM")
amendment and rezoning of a portion of the Property from its current FLUM designations of General
Commercial and Restricted Commercial and T6-8-0 and T5-L to High Density Multi -Family Residential
and T6-8-R (the "Applications"); and
WHEREAS, Declarant as an inducement to the City's approval of the Applications voluntary
proffers this Declaration and the limitations on the future development of the Property outlined herein; and
NOW, THEREFORE, IN ORDER TO ASSURE the City that the Declarant's promises in
connection with the FLUM amendment and rezoning, the Declarant, its successors and assigns, freely,
voluntarily, and without duress hereby makes the following Declaration covering and running with Property
and shall bind the Declarant, any assignee, mortgage, or buyer, and all other parties that receive title to
interest in the Property:
1. The foregoing recitals are true and correct and are incorporated herein.
2. Development Restrictions. The Declarant hereby makes the following voluntary
declarations running with the land concerning the Property:
A. Permitted Use. The uses on the Property shall be limited to the Residential uses identified
in Art. 4, Table 3 of Miami 21 for the T6-8-R Transect Zone designation.
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B. Residential Density. Notwithstanding the rezoning of the Property from T5-L to T6-8-R
Transect Zone designation, which designation would otherwise permit the development of
up to seventy-seven (77) Dwelling Units, not more than forty-three (43) Dwelling Units
shall be constructed on the Property.
C. Height & Massing. The maximum height permitted for the development of the Property
shall be five (5) Stories or a maximum height of seventy (70) feet above the base flood
elevation to the top of the primary roof of any building or structure located on the Property,
excluding any ornamental features or architectural projections.
3. Effective Date. The provisions of this Declaration shall become effective upon their
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 Declaration. This Declaration shall remain in full force and effect for a period
of thirty (30) years from the date this instrument is recorded in the Public Records, after which time they
shall be automatically extended for successive periods of ten (10) years, unless modified, amended or
released prior to the expiration thereof and in accordance with the terms of Section 5.
5. Amendment& Modification, Release. This Declaration may be modified , amended,
modified, or released as to any portion or all of the Property by a subsequent written instrument executed
by the Declarant or its successor or assignsDeclarant or the then owner to be affected by such modification,
amendment,. or release and providing the same has been approved by the Miami City Commission following
a public hearing, which costs of the application and notice for such public hearing shall be paid by the
Declarant. Any modification, amendment, modification, or release of this Declaration shall be executed by
the Director of Planning and Zoning and be subject to the approval as to legal form by the City Attorney.
6. Inspection & Enforcement. An enforcement action may be brought by the City by action
in 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 or to recover damages.
This enforcement provision shall be in addition to any other remedies available under the law.
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.
8. Recordation. This Declaration shall be promptly filed of record by the Declarant among
the Public Records of Miami -Dade County, Florida, at the Owner's sole cost and expense immediately
following the City Commission's final adoption of the FLUM amendment and rezoning requested in the
Applications and the expiration of any applicable appeal periods for such development orders. The
Declarant shall provide the City's Zoning Administrator with a certified copy of the recorded Declaration
within thirty (30) days of its recordation.
[Signature Page to Follow]
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Signed, witnessed, executed and acknowledged this day of , 2017.
20TH AVENUE PARTNERS LLC, a Florida
limited liability company
By:
Witnesses Name: Javier Cruz
Title: Authorized Member
Print Name:
Print Name:
STATE OF FLORIDA
) SS
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of , 2017,
by Javier Cruz, as Authorized Member of 20th Avenue Partners LLC, a Florida limited liability company.
Personally Known or Produced Identification
Type of Identification Produced
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Print or Stamp Name:
Notary Public, State of
Commission No.: N/A
My Commission Expires:
8/22/2017
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 1:
The East 103 Feet of the West 337 Feet of the North 110 Feet of the South 225 Feet of the Southeast 1/4 of
the Southwest 1/4 of the Southeast 1/4 of Section 22, Township 53 South, Range 41 East, lying and being in
said Miami -Dade, Florida.
Also known as:
Commencing at the South Line of Section 22, Township 53 South, Range 41 East, at a Point of 234 Feet
East of the Southwest Corner of the Southeast 1/4 of the Southwest 1/4 of the Southeast 1/4 thereof, and running
thence North 115 Feet for a Point of Beginning; thence North 110 Feet, thence East 103 Feet, thence South
110 Feet, thence West 103 Feet to the Point of Beginning.
ALSO KNOWN: 3616 NW 201h Avenue, Miami, FL
PARCEL IDENTIFICATION NUMBER: 01-3122-000-0830
PARCEL 2:
Parts of Southeast 1/4 of Southwest 1/4 of Section 22, Township 53 South, Range 41 East, described as
follows: Commencing at a point of the South line of Section 22, Township 42 South, Range 41 East, a
distance of 234 Feet East of the Southwest corner of SE 1/4 of the SW 1/4 of the SE 1/4 of said Section; thence
running North parallel to the West boundary of the SE 1/4 of the SW 1/4 of the SE 1/4 of Section 22, Township
53 South, Range 41 East, a distance of 335.10 feet for a point of beginning; thence East 101.72 Feet; thence
South 110.10 Feet; thence West 101.72 Feet; thence North 110.10 Feet to the Point of Beginning lying and
being in Miami -Dade County, Florida.
ALSO KNOWN: 3670 NW 201h Avenue, Miami, FL
PARCEL IDENTIFICATION NUMBER: 01-3122-000-0852
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