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HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hann • - r ity Clerk FROM: Victoria M, se. City Attorney DATE: March 12, 201 ' • RE: Resolution No. 18-0425 — Closure - Venetian Way File No. 4029 At its September 27, 2018 meeting, the City Commission adopted the above -referenced agenda item, PZ.2, regarding the approval of the closing, vacating, abandoning, and discontinuing for public use a portion of a street of approximately 0.185 acres (or approximately 8,067 square feet) and median area of approximately 0.044 acres (or approximately 1,939 square feet) within the limits of approved Sandpiper Villas Tentative Plat, No. 1872-B, located between South Venetian Drive and Biscayne Bay, on the west side of South Venetian Court, on Biscayne Island, Miami, Florida. During the presentation of the item, the applicant voluntarily proferred a declaration of restrictive covenants ("Covenant") that limits the use of the subject property to a surface parking lot or other similar use for the benefit of the property owner, its successors, and assigns. The Covenant discussed at the meeting was not part of the published agenda. The legislation has been updated to include reference to the Covenant and the Covenant uploaded as an attachment to the file titled "4029 — Exhibit B." All corrections were made to Revision B of the Legislation. VMIBLMIALK Enclosure(s) L-1-(3 Sciej,Jejuis awe r(Leoto City of Miami Legislation Resolution: R-18-0425 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4029 Final Action Date: 912712018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING THE CLOSING, VACATING, ABANDONING, AND DISCONTINUING FOR PUBLIC USE A PORTION OF A STREET OF APPROXIMATELY 0.185 ACRES (OR APPROXIMATELY 8,067 SQUARE FEET) AND MEDIAN AREA OF APPROXIMATELY 0.044 ACRES (OR APPROXIMATELY 1,939 SQUARE FEET) WITHIN THE LIMITS OF THE APPROVED SANDPIPER VILLAS TENTATIVE PLAT, NO. 1872-B LOCATED BETWEEN SOUTH VENETIAN DRIVE AND BISCAYNE BAY ON THE WEST SIDE OF SOUTH VENETIAN COURT ON BISCAYNE ISLAND, MIAMI, FLORIDA PURSUANT TO SECTION 55-15 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS MORE PARTICULARLY DESCRIBED I1 EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; . 7' CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. -„i WHEREAS, Sandpiper Villas Co-op. Apts., Inc. ("Applicant") submitted an applicatiok,forra the vacation and closure of a portion of a street of approximately 0.185 acres (or approximately 8,067 square feet) and a portion of the median area of approximately 0.044 acres (or approximately 1,939 square feet) within the limits of the approved Sandpiper Villas Tentative Plat, No. 1872-8 located between South Venetian Drive and Biscayne Bay on the west side of South Venetian Court on Biscayne Island, Miami, Florida ("Street and Median Area"); and WHEREAS, pursuant to Section 55-15 of the Code of the City of Miami, Florida, as amended ("City Code"), the Department of Resilience and Public Works ("Public Works") and the Plat and Street Committee ("PSC") have reviewed the subject application and determined that approval of the application will not affect pedestrian or vehicular traffic circulation or access for public service; and WHEREAS, the PSC at its meeting on March 16, 2016 reviewed the application and determined that all technical requirements have been met and, by a vote of five to zero (5-0), recommended approval, with conditions, for the vacation and closure as set forth herein; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on March 26, 2018, following an advertised public hearing, adopted Resolution No. PZAB-R-18-013 by a vote of eight to zero (8-0) for PZAB Item No. 1, recommending approval with modifications of the vacation and closure; and WHEREAS, the Applicant has voluntarily proffered a Declaration of Restrictive Covenants ("Covenant") that limits the use of the subject property to a surface parking lot or other similar use for the benefit of the property owner, its successors, and assigns, as further depicted in Exhibit "B," attached and incorporated; and WHEREAS, based on the testimony and evidence presented, after due notice and an City of Miami Page 1 of 3 File ID: 4029 (Revision: e) Printed On: 3/12/2019 File ID: 4029 Enactment Number: R-1$-0425 opportunity to be heard was afforded to all parties and members of the public, there is substantial evidence in the record to close, vacate, abandon, and discontinue for public use the portion of the Street and Median Area, as described herein, and the City Commission hereby deems it advisable to do so; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission approves the closure, vacation, abandonment, and discontinuance for public use the portion of the Street and Median Area, as more particularly described in Exhibit "A", attached and incorporated. a Section 3. The City Commission approves the Covenant, which was voluntarily proffered by the Applicant and attached and incorporated as Exhibit "B," that limits the sbject Street and Median Area proposed to be closed to a surface parking lot. C- , Section 4. As part of the approval, the City Commission hereby imposes the follovirtng conditions: t. .- n r A. The Applicant, owner, or successor must meet all applicable development standards identified in Ordinance No. 13144, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), and all applicable local, county, state, and federal regulations. B. A building permit, including, but not limited to, phased permits will not be issued on. the property being platted until the final plat is recorded or as authorized by Section 55-10(i) of the City Code. C. A Certificate of Occupancy, Temporary Certificate of Occupancy, Certificate of Use, or Temporary Certificate of Use shall only be issued after all the required subdivision improvements have been completed. D. The Applicant, owner, or successor shall comply with the conditions of approval stated for the Sandpiper Villas Plat, No. 1872-B pursuant to the August 14, 2017 letter issued by Public Works. E. Pursuant to the voluntarily proferred Covenant, attached and incorporated as Exhibit "6," the closed, vacated, abandoned, and discontinued portion of the Street and Median Area is limited to a surface parking use only. F. The Applicant, owner, or successor shall apply for a Waiver permit pursuant to the Miami 21 Code to convert the closed, vacated, abandoned, and discontinued portion of the Street and Median Area into surface parking use only. Section 5. The approval with conditions for the closure, vacation, abandonment, and discontinuance for public use the portion of the Street and Median Area shall be valid for a period of four (4) years. City of Miami Page 2 of 3 File ID:: 4029 (Revision: B) Printed on: 3/12/2019 File ID: 4029 Enactment Number: R-18-0425 Section 6. This Resolution shall become effective immediately upon its adoption.' APPROVED AS TO FORM AND CORRECTNESS: xa 1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 3 of 3 File 11): 4029 (Revision: B) Printed on: 3/1212019 This instrument prepared by, and after recording return to: Name: Iris V. Escarra, Esq. Address: Greenberg Traurig, P.A. 333 SE 2 ' Avenue Miami, Florida 33131 $r. a recen-ta foccirrk urCeunt DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of , 2018, by Sandpiper Villas Co -Op Apts., Inc., a Delaware not -for - profit corporation having offices at 1130 Venetian Way, Management Office, Miami, Florida 33139 (the "Owner"), in favor of the City of Miami, Florida, a municipality of the State of Florida (the "City"). WITNESSETH: WHEREAS, the Owner holds fee -simple title to certain property in the City of Miami, Florida, located at 1130 Venetian Way, Miami, Florida 33139, legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, Owner is requesting the vacation and closure of a remnant portion of South Venetian Drive which immediately abuts the northern boundary line of the Property and for the median portion of the land restricted to park use, although never improved as a park, as more particularly described in Exhibit "B" and hereinafter referred to as the "Street Closure"; and WHEREAS, the property subject to the Street Closure is currently used as a surface parking lot and will continue to be used for the benefit of the Owner following approval of the Street Closure; and MIA 186563060v1 Sandpiper Street Closure Covenant WHEREAS, Owner voluntarily proffers this Declaration and agrees that this will be a covenant running with the land and binding upon the Owner of the Property, its successors in interest and assigns, as follows: 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. 2. Use Restriction. Owner agrees to use the property subject to the Street Closure as a surface parking lot or other similar use for the perpetual benefit of the Owner of the Property, its successors in interests and assigns. 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 voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner, 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 periods of ten (10) years, unless modified, amended or released prior to the expiration thereof. 5. Applicable Law. The restrictions within this Declaration on the part of the Owner are being made under the applicable laws of the City at the time of the Effective Date. 6. 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 of the City of 2 MIA 186563080v1 Sandpiper Street Closure Covenant Miami's inspector 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 teens 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. 7. Amendment and Modification. This instrument may be modified, amended, or released as to any portion or all of the Property in writing by the following: (i) then owners of the Property AND (ii) the Director of the Department of Planning and Zoning, following approval by the City Commission at a public hearing. Any amendment or modification approved by the City Commission shall be executed by the Director of the Department of Planning and Zoning, his successor, or designee, and be in a form acceptable to the City Attorney. 8. 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. 9. 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 furnish a copy of the recorded Declaration to the City Department of Hearing Boards within thirty (30) days of recordation. 3 MIA 186563080v1 Sandpiper Street Closure Covenant 10. No Vested Rights. Nothing in this covenant shall be construed to create any vested rights whatsoever for the Owner. its successors and assigns. SIGNATURE PAGES TO FOLLOW 4 MIA 186563080v1 Sandpiper Street Closure Covenant 1N WITNESS WHEREOF, the undersigned has set his hand and seal this day of , 2018. Witnessed by: Sandpiper Villas Co -Op Apts., Inc, a Delaware not -for -profit corporation B y: Name: Sharon Denaro, President Name: STATE OF FLORIDA } ] ss: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this day of 2018 by Sharon Denaro as President of Sandpiper Villas Co -Op Apts.. Inc. She personally appeared before me, is personally known to me or produced as identification. Name: Notary Public, State of Florida Commission No. My commission expires: 5 MIA 186563080v1 Sandpiper Street Closure Covenant APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney APPROVED AS TO CONTENTS: Francisco Garcia, Director Planning and Zoning Department 6 MIA 1865630800 Sandpiper Street Closure Covenant Exhibit "A" Lots 4, 5 and 6, inclusive, in Block 2, ofBISCAYNE ISLAND, according to the plat thereof, as recorded in Plat Book 34, at Page 93, of the Public Records of Miami -Dade County, Florida. MIA 186563080v1 Sandpiper Street Closure Covenant Exhibit "B" 8 MIA 18658348Ov1 * �. "1II SI City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4029 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CLOSING, VACATING, ABANDONING, AND DISCONTINUING FOR PUBLIC USE A PORTION OF A STREET OF APPROXIMATELY 0.185 ACRES (OR APPROXIMATELY 8,067 SQUARE FEET) AND MEDIAN AREA OF APPROXIMATELY 0.044 ACRES (OR APPROXIMATELY 1,939 SQUARE FEET) WITHIN THE LIMITS OF APPROVED SANDPIPER VILLAS TENTATIVE PLAT, NO. 1872-B, LOCATED BETWEEN SOUTH VENETIAN DRIVE AND BISCAYNE BAY, ON THE WEST SIDE OF SOUTH VENETIAN COURT, ON BISCAYNE ISLAND, MIAMI, FLORIDA, PURSUANT TO SECTION 55-15 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIID11 FOR AN EFFECTIVE DATE. WHEREAS, Sandpiper Villas Co-op. Apts., Inc. ("Applicant") submitted an appIjpatioily vacation and closure of a portion of a street of approximately 0.185 acres (or approximately 8,067 square feet) and median area of approximately 0.044 acres (or approximately 1,9. square feet) within the limits of approved Sandpiper Villas Tentative Plat, No. 1872-B, Io§ted between South Venetian Drive and Biscayne Bay, on the west side of South Venetian Court, one Biscayne Island, Miami, Florida ("Street and Median Area"); and WHEREAS, pursuant to Section 55-15 of the Code of the City of Miami, Florida, as amended ("City Code"), the Department of Resilience and Public Works ("Public Works") and the Plat and Street Committee ("PSC") reviewed the subject application and determined that approval of the application will not affect pedestrian or vehicular traffic circulation or access for public service; and WHEREAS, the PSC at its meeting on March 16, 2016, reviewed the application and determined that all technical requirements have been met and, by a vote of five to zero (5-0), recommended approval, with conditions, for the vacation and closure as set forth; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on March 26, 2018, following an advertised public hearing, adopted Resolution No. PZAB-R-18-013 by a vote of eight to zero (8-0) for PZAB Item No. 1, recommending approval with modifications of the vacation and closure; and WHEREAS, based on the testimony and evidence presented, after due notice and an opportunity to be heard was afforded to all parties and members of the public, there is substantial evidence in the record to close, vacate, abandon, and discontinue for public use the portion of the Street and Median Area, as described herein, and the City Commission hereby deems it advisable to do so; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission approves the closure, vacation, abandonment, and discontinuance for public use the portion of the Street and Median Area, as more particularly described in Exhibit "A", attached and incorporated. Section 3. As part of the approval, the City Commission hereby imposes the following conditions: A. The Applicant, owner, or successor must meet all applicable development standards identified in Ordinance No. 13144, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), and all applicable local, county, state, and federal regulations. B. A building permit, including, but not limited to, phased permits will not be issued on the property being platted until the final plat is recorded or as authorized by Section 55-1 O(i) of the City Code. C. A Certificate of Occupancy, Temporary Certificate of Occupancy, Certificate of Use, or Temporary Certificate of Use shall only be issued after all the required subdivision improvements have been completed. D. The Applicant, owner, or successor shall comply with the conditions of approval stated for the Sandpiper Villas Plat, No. 1872-B, pursuant to the August 14, 21X17 letter issued by Public Works. E. The Applicant, owner, or successor shall apply for a Waiver permit to conVert t closed, vacated, abandoned, and discontinued portion of the Street and I ediar-Area Section 4. The approval with conditions for the closure, vacation, abandonment; end discontinuance for public use the portion of the Street and Median Area shall be valid fore period of four (4) years. into surface parking use only. Section 5. This Resolution shalt become effective immediately upon its adoption.' APPROVED AS TO FORM AND CORRECTNESS: `ndez, ity ttor f ley 6/29/2018 1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall became effective immediately upon override of the veto by the City Commission.