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RESTRICTIVE COVENANT RUNNING WITH THE LAND IN FAVOR OF
MIAMI-DADE COUNTY
The undersigned, City of Miami, being the present owner of the following real properties
(hereinafter called "the Properties"), lying, being and situated in Miami -Dade County, Florida, to
wit:
See Exhibit A (legal descriptions)
pursuant to Section 24-48.2(I)(B)(2)(b) of the Code of Miami -Dade County, Florida hereby
proffers this executed Restrictive Covenant Running with the Land in Favor of Miami -Dade
County (Restrictive Covenant), Florida as pail of Miami -Dade County Department of
Regulatory and Economic Resources Division of Environmental Resources Management Class I
Permit Application Number CLI-2016-0388:
1. The owner covenants to Miami -Dade County that the pol 1 ions of the Properties as
depicted on Exhibit B shall be planted with mangroves and designated as a "Mitigation
Area" and be preserved and managed in accordance with the conditions of Class I permit
CLI-2016-0388, such that the Mitigation Area and associated mangroves are not
disturbed or removed for the life of this Restrictive Covenant.
2. The owner covenants to Miami -Dade County that there shall be no trimming, cutting, or
removal of mangroves at the Prope 11 ies that is not otherwise exempt pursuant to
Sections 403.9321-403.9334 F.S. without first obtaining a Class I permit.
3. The owner covenants to Miami -Dade County that the Mitigation Area shall be preserved
and maintained in accordance with the conditions of Class I permit CLI- 2016-0388
(attached hereto as Exhibit C), including, but not limited to, the removal of solid waste
and exotic pest plant and nuisance species from the Mitigation Area for the life of this
Restrictive Covenant.
4. For the purposes of this Restrictive Covenant, "vessel" is herein defined as any craft
designed to float or navigate on water, including but not limited to: sailboats, powerboats,
rowboats, ships, boats, skiffs, houseboats, personal watercrafts, and inflatable boats.
Section -Township -Range: 17-54-42
5. The owner agrees and covenants that no vessels are authorized to enter, tie up to, or be
moored along the Mitigation Area, even on a temporary basis, and shall pursue the timely
conection of any violation of this prohibition by others to the extent provided by law.
6. The owner agrees and covenants to construct and maintain fencing or a similar physical
barrier along the po l 1 ion of the Mitigation Area adjacent to the uplands in accordance
with the conditions of Class I peiinit CLI-2016-0388. In addition, the owner agrees and
covenants to install informational signage around the Mitigation Area in accordance with
the conditions of Class I permit CLI-2016-0388.
7. The owner covenants and represents that any and all persons holding a security interest of
any kind whatsoever in the Properties has been advised of, and has agreed to, the
execution of this Restrictive Covenant.
8. The owner shall notify Miami -Dade County in writing not later than thirty (30) days after
any conveyance, sale, grant or transfer of the Propel lies or any poll ion thereof, to any
heirs, successors, assigns or grantees.
9. The owner agrees and covenants that approval of this Restrictive Covenant neither
authorizes nor constitutes a permit of any kind for work in, on, over, or upon wetlands or
tidal waters at or adjacent to the Properties.
10. The term owner shall include the owner and their heirs, successors and assigns.
11. This Restrictive Covenant shall run with the land and shall be recorded in the Public
Records of Miami -Dade County, Florida and shall remain in full force and effect and be
binding upon the owner, and their heirs, successors, grantees and assigns until such time
as same is modified or released in writing by Miami -Dade County pursuant to the
provisions of Section 24-48.2 of the Code of Miami -Dade County.
12. This Restrictive Covenant and the provisions contained herein may be enforced against
any person permitting, allowing, letting, causing or suffering any violation of the teens of
this Restrictive Covenant by the Department of Regulatory and Economic Resources, or
its successor, by temporary, peiinanent, prohibitory, and mandatory injunctive relief as
well as otherwise provided by law or ordinance and also may include an action for and to
recover civil penalties, damages, costs and expenses, and attorney's fees in favor of
Miami -Dade County against said person(s) as authorized by law or ordinance. All of the
remedies provided herein shall be deemed to be independent and cumulative and shall be
deemed to be supplemental to any remedies provided by law or ordinance.
13. No cancellation, revision, alteration or amendment of the Restrictive Covenant shall be
effective without prior approval from Miami -Dade County pursuant to the provisions of
Section 24-48.2 of the Code of Miami -Dade County.
Section -Township -Range: 17-54-42
14. This Restrictive Covenant is to run with the land and shall be binding on all parties and
all persons claiming under it for a period of thirty (30) years after the date this Restrictive
Covenant is recorded, after which time it shall be extended automatically for successive
periods of ten (10) years each, unless the Restrictive Covenant is modified or released by
Miami -Dade County.
IN WITNESS WHEREOF, the undersigned have caused this Restrictive Covenant to be
executed this day of , 2018.
WITNESSES: PROPERTY OWNER:
SIGN
PRINT
SIGN
SIGN.
PRINT
TITLE
PRINT ADDRESS
STATE OF FLORIDA, COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
, 2018, by as
, who is personally known to me or who has produced
as identification and who did take an oath.
NOTARY PUBLIC:
sign
print
State of Florida at Large (Seal)
My Commission Expires:
Section -Township -Range: 17-54-42
5-1
5
x
LOCATION SKETCH
SCALE 1"=1000'
IN SECTION 17, TOWNSHIP 54 SOUTH, RANGE42 EAST
MIAMI-DADE COUNTY, FL
SURVEYOR'S NOTES;
- THE PURPOSE OF THIS DIAGRAM IS TO PROVIDE AN OVERLAY OF PLANTER DESIGN PLANS
WITH COUNTY DEED FROM MIAMI-DADE COUNTY TO THE CITY OF MIAMI, GEED BOOK
3609-160, AND COUNTY DEED FROM MIAMI-DADE COUNTY TO THE CITY OF MIAMI, DEED
BOOK 3080-129.
- REFERENCE.• BOUNDARY SURVEY PREPARED BY OTHERS (PROVIDED 8Y CUENT),
MIAMI-DADE COUNTYS PARCEL SHAPE FILE (FROM THE MIAMI-DADE COUNTY PROPERTY
APPRAISER WEBSITE).
- THIS SITE LIES IN THE SEC11ON 17, TOWNSHIP 54 SOUTH, RANGE 42 EAST, MIAMI-DADE
COUNTY, FLORIDA_
- THIS IS NOT A SURVEY.
INDFX
SHEET 1
SHEET 2
SHEET 3
SHEET 4
SURVEYORS NOTES AND LOCATION SKETCH
OVERLAY OF PROPOSED PLANTER PLANS WITH COUNTY DEED
FROM MIAMI-DADE COUNTY TO THE CITY OF MIAMI, DEED 800K
3609-160
OVERLAY OF PROPOSED PLANTER PLANS WITH COUNTY DEED
FROM MIAMI-DADE COUNTY TO THE CITY OF MIAMI, DEED BOOK
3080-129
DETAIL OF PROPOSED PLANTER PLANS
2294-SS-10
•
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N59a848'E
157'
LEGAL DESCRIP770N: (DEED BOOK 3609, PAGE 160)
Commence at the S.E. Corner Section 17-54-42, thence N 89' 56' 49" W olong the southerly line of said Section 17 for a distance
of 2565.05' to a point of intersection with a line which is 200 feet northwesterly of and parallel with the Corporate Boundaries of the
City of Miami and the Southwesterly prolongation thereof; thence run North 64' 34' 52" E along said line for a distance of 638.82
feet to the point of beginning of the hereinafter described tract; said point also lying on Corporate Boundaries of the City of Miami;
thence run N 45' 22' 07" W along the said Corporate Boundaries which is 660 feet northeasterly of and parallel with the centerline
of the Rickenbocker Causeway for o distance of 1697.97 feet to o point; thence run S 44' 37' 53" W for o distance of 200 feet to o
point; thence run N 45' 22' 07 W for o distance of 200 feet to o point: thence run North 44' 37' 53" E for o distance of 200 feet
to a point, said point lying on the Corporate Boundaries of the City of Miami (the some being the northwesterly right—of—way of
Rickenbocker Causeway); thence run N 45' 22' 07" W olong said northwesterly right—of—woy of Rickenbocker Causeway for o distance
of 2734.54 feet to point of curvature; thence run along the arc of a curve to the left having o radius of 2092.40 feet and a
central angle of 37 16' 46" for a distance of 1361.42 feet to o point of intersection with the proposed Bulkhead Line of Virginia Key,
(os approved by City of Miami Resolution No 33127 and Dade County Resolution No. 8108); thence run S 44' 06' 48" W along soid
proposed Bulkhead Line for a distance of 620.00 feet to o point of intersection with a line which is 200.00 feet northerly of the
centerline of said Rickenbocker Causeway, thence run N 89' 06' 48" E along said line that is 200.00 feet northerly of, and parallel
with the centerline of said Rickenbocker Causeway for a distance of 138.57 feet to o point of curvature; thence run northeastwordly,
eostwordly, and southeastwardly along the arc of a curve to the right, having a radius of 1632.40 feet and o centrol angle of 45' 31'
05" for o distonce of 1296.84 feet to a point of tangency, thence run S 45' 22' 07" E along o line which is 200.00 feet
northeasterly of and parallel with the centerline of said Rickenbocker Causeway for a distonce of 4465.54 feet to o point of
intersection with o line which is 200.00 feet northwesterly of and poroflel with the Corporate Boundaries of the City of Miami and the
southwesterly prolongation thereof, thence run N 64' 34' 52" E along said line for a distonce of 489.37 feet to the Point of
Beginning. Beorings shown on the above description are based on the bearing of the centerline of Rickenbocker Causeway as shown on
the Metropolitan Dade County Bulkhead Line, as recorded in Plat Book 74 at Page 4 of the Public Records of Dade County, Florida_
The above described tract contains 61.8 4-/— Acres.
L�72yb.tl4.
R=1632.40'
SECTION 17,
TOWNSHIP 54 NORTH,
RANGE42 EAST rNs
(COUNTY DE59 FROM MDC 777 7hE CYTYOF MIAMI D6. 3080-129)
N45ZYOTW
4455.55.
GRAPHIC SCALE
0 250 500 1000
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1 ..inch '.= 5001t.
dJ1E STAO/NN N4a 3753 E� / suo S3 W N45 '5"71
1097ST
�20000 i.'
Mtirrrpea)..,.:FRO,if,44,7:0:1„24,1kG:i.Teip,F,,A•![,1,1.(4105(;.609160i
AYCKSIV13ACKS9 CAUSEWAY zoo.00'1
COUNTY DEED RIONIWOG TO THE CITY OF97A91 D9 3509460
\ g i CO WTVCEED FROM !NOG' ro 7s Car OFWA4 DE 3080-J29
aultRott
CAUSEWAY
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660.00
9
2294—SS-1O
DZAMILME
(FGA! DESCR/P7TON; (DEED BOOK 3080. PAGE_129)
All that part of Section 17, Township 54 South, Range 42 East, lying North and West of a line extending from a point an the east
line of said Section 17, 1,000 feet North of the southeast corner thereof to a point on the south line of said Section 17, 2100 feet
West of the southeast corner thereof, excepting therefrom all that part of sold Section 17 which lies South and West of the
northeasterly right—of—way line of Rickenbacker Causeway, which right—of—way line is 660 feet northeasterly from and measured at
right angles to the center line of said Causeway as the same is now constructed.
cs
s
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SECTION 17,
TOWNSHIP 54 NORTH,
RANGE 42 EAST
NO111. ,51IIdY
MARNESTADRVM °°"T a .�Y a
LJ waonmsxee wuscuY i'
660.d0' (COUNTYOEED FROMMDC TO 77-1 :0TYOFMIAMI, 19, 3609=160) 660.0'
RICKENBACKER CAUSEWAY 200.0o''ccu a 1r
{faAvx
CAUSEWAY r
COUIVTYDEED FROMfdDC TO THE CITY OF)1A/ A, 1:16 3609-160
COUMYDEED .R?01..I IOC 7O Tiff dry OF'HW 64 D9 3060-129
•
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d
GRAPHIC SCALE
Z 0 +00 e00 !s00
o i j
(INFEST)
1 inch = 800 It
r
0! //
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2294—SS-10
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DIAGRAM'
DETAIL OF PROPOSED PLANTER PLANS
SECTION ,17,
TOWNSH/P , 54 : NORTH
RANGE 42 EAST
BISCA YNE'BAY �I
FROMA�C TO THE G7TTOFAIdAA6,'DB 3080-129)
pull,+,j
''IJ II',I
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2'I"QIu
'MARIyESTA
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(COVAYIYLL�ID FF�A1 A®C TO I THE GTYOFA64AQ L1Q 3609-16>7
NOTES:
— THE LOCA77ON OF THE PROPOSED PLANTERS IS BASED ON A BOUNDARY SURVEY BY
P8S&J. CITY JOB No A2223, DATED, 08/72/2002, AND ARE REFERENCED 660 FEET
NORTHEASTERLY FROM AND MEASURED AT RIGHT ANGLES TO THE CENTER LINE OF
RICKENBAKER CAUSEWAY.
,-1 COUNTY DEED A.TOMMOC 7O TFR CITY OFMNMC OB. 3609-760
COUNO'Dfa)FRQM mac 7O THE OTT OF MAW D9 J080-129
2294-SS-10
Exhibit B: Mitigation Area
Geographical Coordinates
N:513471.0450
E:920122.5265
Section -Township -Range: 17-54-42
N:613238,1294
E:020257.1830
K 61320.4030
E;920287.7624