HomeMy WebLinkAboutSubmittal - Ben Fernandez - Declaration of Restrictive CovenantsThis Instrument was prepared by and after recordation return to:
Ben Fernandez, Esq.
Bercow Radell Fernandez & Larkin, PLLG
200 S. Biscayne Boulevard, Suite 850
Miami, Florida 33131
Submitted into the public
recur for item(s) • • E
on City Clerk
(Space reserved for Clerk)
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (the "Declaration") made this day of
, 2018, by 1000 Spring Garden, LLC (hereinafter referred to as the
"Owner"), is in favor of the CITY OF MIAMI, FLORIDA, a municipality located within Miami -
Dade County in the State of Florida (hereinafter referred to as the "City").
WHEREAS, the undersigned Owner holds fee simple title to certain real property located
at and legally described on the attached Exhibit A, hereinafter referred to as the "Property."
WITNESSETH
WHEREAS, the Owner sought a vacation of right-of-way pursuant to Resolution No.
for the Property; and
WHEREAS, the Owner is desirous of making a voluntary binding commitment to assure
and affirm that the Property shall be developed in accordance with the provisions of the
Declaration herein.
NOW THEREFORE, the Owner voluntarily covenants and agrees that the Property shall
be subject to the following restrictions that are intended and shall be deemed to be a covenant
running with the land and binding upon the Owner of the Property, and their heirs, successors,
vendees, grantees, and assigns as follows:
Section 1 Recitals. 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.
3'4001, Siomt-I-4)I -fir, i=0.rnadea - (1eG kbarlian 17.0-0A 6,vlz
Declaration of Restrictive Covenants
Page 2 of 5
Submitted into the pub is r I
record for items}
on g (0-1 t g . City Clerk
Section , fford ble Housin ontribution. The Owner shall contribute $100,000
o be used for affordable housing purposes within
30 days of the effective date of the resolution vacating the right-of-way.
Section 3. Effective Date. This Declaration is effective at the date of execution hereof.
Section 4. Covenant Running with the Land. This instrument shall constitute a
covenant running with the title to the Property that shall be binding upon Owner, its heirs,
successors, vendees, grantees, and assigns. These restrictions shall be a limitation upon all
present and future Owners of the Property and shall be for the public welfare.
Section 4. Term. This voluntary 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, heirs, vendees, grantees, and assigns, for an initial period of thirty (30) years from the
date this instrument is recorded in the public records of Miami -Dade County, Florida, and shall
be automatically extended for successive periods of ten (10) years, unless modified, amended
or released prior to the expiration thereof.
Section 5. Applicable Law & Venue; Attorney's Fees. Florida law will apply to
interpretation of this Declaration. Venue in any civil actions arising under this Declaration shall
be in Miami -Dade County, Florida. Each party shall bear their own attorney's fees.
Section 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
then Owner(s) of the fee -simple title to the land to be affected by such modification, amendment
or release, providing that same has been approved by the City of Miami Planning, Zoning and
Appeals Board or by the City Commission, as determined by the City Planning Department,
after a public hearing which public hearing shall be applied for and noticed at the sole cost and
expense of the Owner. Upon approval of such modification, amendment, or release as
specified herein, the Director of the City of Miami's Planning Department, or his successor or
designee, shall execute a written instrument in recordable form effectuating and acknowledging
such modification, amendment, or release. Such instrument(s) shall be in a form acceptable
to the City Attorney.
Section 7. Inspection and Enforcement. After notice and an opportunity to cure, an
enforcement action to enforce the terms and conditions of this Declaration may be brought by
the City or by any person owning or occupying property within 500 feet of the Property, by
2
Declaration of Restrictive Covenants
Page 3 of 5
Submitted into the p bl'
recorc for i#em(s)
on
City Clerk
action in code compliance, and/or in law and/or in equity, or both, as applicable, against any
party or person(s) violating or attempting to violate any covenants of this Declaration or
provisions of the building and zoning regulations, to restrain violations and/or to recover
damages. Each party shall bear their own attorneys fees. This enforcement provision shall
be in addition to any other remedies available under the law.
Section 8. 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
force and effect.
Section 9. Recording. This Declaration shall be filed of record among the Public Records of
Miami -Dade County, Florida, by the Owner and at the cost of the Owner, and the City of Miami
Planning Director will be furnished a certified and recorded copy by the Owner within thirty (30)
days of this Declaration being recorded.
[Signature Pages to Follow]
3
Declaration of Restrictive Covenants
Page 4 of 5
ACKNOWLEDGMENT
CORPORATION
Submitted into the publi
recorfor i -m(s)
on City Clerk
Signed, witnessed, executed and acknowledged on this day of
2018.
WITNESSES: OWNER:
1000 Spring Garden, LLC
Signature
Print Name
Signature
Print Name
By Copiam Investments, LLC as the
Managing Member / Partner of
1000 Spring Garden, LLC
Name: Alfonso Jaramillo
Title: Managing Member
1782 Cleveland Road
Miami Beach, Florida 33141
STATE OF FLORIDA COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by Alfonso Jaramillo,
authorized signatory of Copiam Investments, LLC the Managing Member/ Partner of 1000
Spring Garden, LLC, on behalf of the limited liability company. He is LI personally known to
me or ID has produced , as identification.
Witness my signature and official seal this day of 2018, in the
County and State aforesaid.
My Commission Expires:
Notary Public State of Florida
Print Name
4
Declaration of Restrictive Covenants
Page 5 of 5
Approved as to Planning:
Francisco Garcia, Director, Planning Department
Approved as to Zoning:
Devin Cejas, Director, Zoning Department
Approved as to Legal Form:
Victoria Mendez, City Attorney
Submitted into the pubt, 1
reco for it m s} ar
on City Clerk
5
Submitted into the public
record or ite (s) �.
on '-'1 City Clerk
JOINDER BY MORTGAGEE
The undersigned Tayyab Zaidi, as Mortgagee under that certain Mortgage (the
"Mortgage") dated the 21st day of October, 2016, and recorded in Official Records Book
30279, Page 1934, of the Public Records of Miami -Dade County, Florida, covering all/or
a portion of the property described in the foregoing Affordable Housing Covenant (the
"Covenant") does hereby acknowledge that the terms of the Covenant are and shall be
binding upon the undersigned and its successors in title.
IN WITNESS WHEREOF, these presents have been executed this day of
, 2018.
TAYYAB ZAIDI
By:
Tayyab Zaidi
Address:
STATE OF
COUNTY OF
BEFORE ME, the undersigned authority, this day appeared Tayyab Zaidi, and
he/she acknowledged to and before me that he/she executed the said instrument,
acting in his/her said official capacity, for and as to the act and deed of said corporation
and in its name, for the uses and purposes therein mentioned, and after being duly
authorized and directed. He/She is: [ ] personally known to me, or [ ] produced
as identification.
WITNESS my hand and official Seal in the County and State aforesaid, on this,
the day of , 2018.
My Commission Expires:
Notary Public State of
Print Name
Submitted into the pub 'e
record cjor it m(s)
on q 171)1 R City Clerk
EXHIBIT A
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
RIGHT—OF—WAY VACATION
c
S
SCALE:
1 "=40'
P.O.C.
THE MOST NORTHEASTERLY
CORNER, LOT 2 (P.B. 43, PG. 5)
R/w — --
SPRING GARDENROAD
,,& / SEE DETAIL
/
LEGEND:
N90'00100"E
/14.78'
/ N90'00'O J P. D.N
30'
•JR=40.00'
/ A=90'00'52'
L=62 84'
CO=56.58'
f' CB=N44 59'34 "W
FIRST ADDITION
TO SUNNYBROOK
(P. B. 43, PG. 5)
tia
R=100.00'
1=46'51'10'
L=81.77'
CD=79.51
M — MONUMENT LINE
— CENTERLINE
P.O.B. — POINT OF BEGINNING
P.O.C. — POINT OF COMMENCEMENT
R — RADIUS
A — DELTA ANGLE
L — ARC LENGTH
CB — CHORD BEARING
CD — CHORD DISTANCE
P.B. — PLAT BOOK
PG — PAGE
R/W— RIGHTOFWAY
SPRING GARDEN R0AD-1
0.30'
Loy /,\ \ —N90 00'00'E
,0.301
DETAIL
SCALE: 1 "=5'
CB=S66'34 25 "E
N6756'31 "W 56.15'
Schrwd!¢e- Sc 4 & 7444A cca e4, 964.
j7
HIGHLAND PARK
P.B. 2, PG, 13
1
0
/
/
SHEET 1 OF 2 SHEETS
0
LAND SURVEYORS —ENGINEERS —LAND PLANNERS — 3240 CORPORATE WAY—MIRAMAR, FL 33025
PRONE No.(954)435-7010 FAX No. (954)438-3288
ORDER No. 207475 PREPARED UNDER? MY SUPETTVISION:
DATE. AUGUST 15, 2017
THIS 15 NOT A " BOUNDARY SURVEY" MARK STEYEN JOHNSON, PRINCIPAL
CDRTIFICA-E OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND SURVEYOR No. 4775
Submitted into the public
record for ite s)
122,
on City Clerk
LEGAL DESCRIPTION TO ACCOMPANY SKETCH
RIGHT—OF—WAY VACATION
LEGAL DESCRIPTION:
A PORTION OF N.W 10TH AVENUE, LYING SOUTH OF SOUTH RIGHT-OF—WAY LINE OF SPRING GARDEN
ROAD AND NORTH OF THE NORTH LIMIT OF WAGNER CREEK, AS SHOWN ON THE SAID PLAT OF "FIRST
ADDITION TO SUNNYBROOK, '° ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 43, PAGE 5,
OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA. BEING MORE PART7CULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE MOST NORTHEASTERLY CORNER OF LOT 2, OF THE SAID PLAT OF "FIRST ADDITION TO
SUNNYBROOK; " THENCE RUN NORTH 90 DEGREES 00 MINUTES 00 SECONDS E4S , ALONG THE NORTH
BOUNDARY LINE OF SAID LOT 2, FOR 0.30 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING
DESCRIBED RIGHT—OF—WAY VACATION; THENCE CONTINUE NORTH 90 DEGREES 00 MINUTES 00 SECONDS
EAST; ALONG THE NORTH BOUNDARY LINE OF SAID LOT 2, FOR 14.78 FEET TO A POINT OF CURVATURE
OF A CIRCULAR CURVE CONCAVE TO SOUTHWEST; THENCE RUN EASTERLY AND SOUTHEASTERLY ALONG A
CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 100.00 FEET, A CENTRAL ANGLE OF 46 DEGREES
51 MINUTES 10 SECONDS, A CHORD DISTANCE OF 79.51 FEET THROUGH A CHORD BEARING OF SOUTH 66
DEGREES 34 MINUTES 25 SECONDS, FOR AN ARC DISTANCE OF 81.77 FEET TO A POINT; THENCE RUN
SOUTH 43 DEGREES 08 MINUTES 50 SECONDS EAST FOR 3.30 FEET TO A POINT; THENCE RUN SOUTH 00
DEGREES 00 MINUTES 02 SECONDS WEST ALONG THE EASTERLY RIGHT—OF—WAY LINE OF N.W. 10TH
AVENUE, SAID LINE ALSO BEING THE EAST LINE OF THE NORTHWEST ONE —QUARTER (1/4) OF THE
SOUTHEAST ONE -QUARTER (1/4) OF SECTION 35, TOWNSHIP 53 SOUTH, RANGE 41 EAST, FOR 219.00
FEET TO A POINT; THENCE RUN NORTH 62 DEGREES 56 MINUTES 31 SECONDS WEST ALONG THE
NORTHERLY BOUNDARY LINE OF WAGNER CREEK AS SHOWN ON THE SAID PLAT OF "FIRST ADDITION TO
SUNNYBROOK,'° FOR 56.15 FEET. THENCE RUN NORTH 00 DEGREES 00 MINUTES 02 SECONDS EAST;
ALONG THE WESTERLY RIGHT—OF—WAY LINE OF N.W. 10T7-I AVENUE, FOR 187.47 FEET TO A POINT OF
CURVATURE OF A CIRCULAR CURVE CONCAVE TO SOUTHWEST; THENCE RUN NORTHERLY AND WESTERLY
ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT, HANG A RADIUS OF 40.00 FEET; A CENTRAL
ANGLE OF 90 DEGREES 00 MINUTES 52 SECONDS, A CHORD DISTANCE OF 56.58 FEET THROUGH A CHORD
BEARING OF NORTH 44 DEGREES 59 MINUTES 34 SECONDS WEST; FOR AN ARC DISTANCE OF 62.84 FEET
TO THE POINT OF BEGINNING (SAID LAST TWO DESCRIBED COURSES BEING COINCIDENT WITH THE EASTERLY
BOUNDARY LINES OF LOT 1 OF THE SAID PLAT OF "FIRST ADDITION TO SUNNYBROOK "
SAID PARCEL OF LAND CONTAINING 11,569± SQUARE FEET
LYING AND BEING IN SECTION 35, TOWNSHIP 53 SOUTH, RANGE 41 EAST, CITY OF MIAMI, MIAMI—DADE
COUNTY, FLORIDA.
NOTES:
1. THE BEARINGS SHOWN HEREON RELATE TO AN ASSUMED BEARING OF N90'00'001E ALONG THE
NORTHERLY LINE OF LOT 1 AND LOT 2, OF "FIRST ADDITION TO SUNNYBROOK, " PLAT BOOK 43, PAGE 5.
2, AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF THE
ATTESTING PROFESSIONAL LAND SURVEYOR.
3. THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE ENTITY (EN7777ES) NAMED HEREON
ONLY. THE ATTACHED CERT1F/CA T70N DOES NOT EXTEND TO ANY UNNAMED PAR 77ES
4. ORDERED BY 1000 SPRING GARDEN LLC.
SHEET 2 OF 2 SHEETS
SC ee _ Shi441,4 & di4dothated, oto.
LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE WAY-MIRAMAR, FL 33025
PHONE No.(954)435-7010 FAX No. (954)438-3288
ORDER No. 207475 PREPARED UNDER MY SUPERVMS 0N:
DATE. AUGUST 15. 2017
THIS IS NOT A " BOUNDARY SURVEY HARK STEVEN JOHNSON. PRINCIPAL
CERTIFICATE OF AUTHORIZATION No. LB-67 FLORIDA PROPtnIONAL I_AiNO SURVEYOR No. 4775
REVISIONS