HomeMy WebLinkAboutSubmittal-Eddy Leal-Declaration of Restrictionsyr.
ts3 DEC. 16 PH 2 i o .6 3 R 357.985
Vts • 12000 Pc2469
. DECLARATION OF RESTRICTIONS
KNOW ALL MEN BY THESE PRESENTS that the undersigned; being
the owner of the following described property,, lying, being and
Aituated in Dade County, Flotilla, to=wits
.X,ot•. 5,, Block 2, Point View,. according to
'Plat Book '2, Page 9),.of the Public' Records
" of Dade County •("the property",)'.
in order to assure the City Commission of the•'City of P4iami,
Florida, that. the representations made to it by the owner will be
abided .by, voluntarily makes the following Declaration of
Restrictions covering and running with the property.
Notwithstanding the zoning olaseification of the property;
1. The buildingpresently existing on the property shall
be preserved and shall not be structurally modified except as is
necessary both internally and externally to convert said struc-
ture into a building with a combination of office and residential
uses, or to improve the landscaping or parking thereon; however,
in all instances any modification must comply with all restric-
tions set forth in this Declaration.
2. The property and the building may be used only for the
following uses: residential, offices (not selling merchandise on
the premises), banks and savings and loan associations, subject
to the additional restrictions contained herein.
3. The top floor of the building shall be used for
residential uses only.
4. The first (ground) floor of the building shall be used
for parking only.
5.
mitted.
No medical or dental offices or clinics shall be per-
6. Only that portion of the building may be occupied for
which there is adequate parking as required ,or permitted by the
RO 3/7 zoning classification as determined by the respective uses
within the building.
W;aber]
7. There shall be a maximum of one (1) bank teller on the
property, which shall be located within the building.
8. There shall be no drive-in tellersautomatic or
mechanical tellerg44Xiei
hpur,tel ers,-oo4niq , `-^
�.e �
9. There shall be no signs on the South Bayshore Drive
side of the building or on the south side of the building. Signs
and lights therefrom shall be limited to the S.E. 14th Street'
side of the building or property.
All exterior modifications of the building, including
st ctu 1 changes and signs, must be approved by IRV KORACH, as
a esentative of Point View Association, Inc., or, in the
event of his inability to serve in such capacity, another person
to be designated by the Point View Association, Inc. No exterior
modifications of the building may be made unless approved in
writing in advance. Iry Korach or his successor may require a
change in the color of the exterior 'of the building to a Dolor
more in harmony with the colors of buildings in the Point View
neighborhood. Approvals required hereunder may not be unreason-
ably .withheld. When the preliminary and final designs for the
5\ t- Sv m Ea\y Lf iec\Aru\,m o� (,L,,ons
Exhibit J
Attachment: 5182 Back -Up Documents from Law (5182 : Discussion - Declaration of Restrictions)
a[f12000' PG2�T0
exterior.rhodifications have been submitted to'MA: RORACA, or his.
•successor, they must .,be commented upon' and approved and/or
disapproved within 14 days thereafter. Failure .to make such
comments within. such period shall establish a'conclusive presump-
tion of approval of such proposals by the Point. View Association,
.Ii1c.
11. rrhe 1andscaping of the property along, South Bayshore
Drive shall he improved avid maintained. at a level at least.don.;
.sisterlt' with'.:the landscaping At, the , existing, Point. 'View, area
residential ,buildings,' ,
12. The owners of the property will contribute the sum of
$10,000 for a neighborhood traffic study to be performed by
professional traffic engineers to be chosen by the Point View
Association, Inc., which sum may also be utilized to implement
the recommendations of such study. The owners shall also co
erate with Point View Association, 'Inc. by providing -Information
relating to the uses at the property and will cooperate in
seeking to accomplish the recommendations of the study! with the
specific understanding, however, that the owners shall have no
additional expenses in connection therewith.
Furthermore:
A. It is understood and agreed by the undersigned that
any official inspector of the City of Miami Building Department
or Zoning Department, or any agents duly authorized by the
Director of those Departments may have the privilege at any time
during normal working hours of entering and investigating the use
of the premises to determine whether or not the requirements of
the building and zoning regulations and the conditions herein
agreed to are being fulfilled.
B. These restrictions during their lifetime shall be a
restriction and limitation upon, all present and future owners of
the above -described real property and for the public welfare, and
shall be enforceable by property owners within 375 feet of the
subject property, property owners on South Bayshore Drive between
South East 14th Street and South East 15th Road, Miami, Florida,
specifically including those who may be farther than 375 feet of
the subject property; any condominium association in the above -
described areas, the Point View Association, Inc., a not -for -
profit Florida Corporation or its successor, or by the City of
Miami.
C. This Agreement shall constitute a covenant running
with the land, shall be recorded in the Public Records of Dade
County, Florida, and shall remain in full force and effect and be
binding upon the undersigned, its successors and assigns until
such time as it is modified or released in the manner provided
herein.
These covenants are to run with the land and shall be
bin• ng on all parties and all persons claiming under them for a
period of 30 years from the date of recordation, after which time
they shall be extended automatically for successive periods of
ten years, unless an instrument signed by a majority of the then
owner(s) of the property has been recorded which changes or
releases the covenants in whole, .or in part, provided that the
covenants have been released or the changes approved by the City
of Miami Commission after a public hearing. If the zoning
district or the regulations applicable to all the properties on
South Bayshore Drive between S. E. 14th Street and S. B. 15th
Road should change to permit any structure within such area to be
used totally for offices, banks, or commercial uses, or combina-
tions thereof,' or if the permitted FAR applicable to such•area
-,2
Attachment: 5182 Back -Up Documents from Law (5182 : Discussion - Declaration of Restrictions)
FC .1 000 PC24r F
increases above that presently permitted, the subject property •
• shall-be.relieved of. the limitations contained herein which are
more restrictive than the pew district or regulations. The,
recordation among the Public Records of Dade County, Florida, of
an 'Affidavit or.Cer,tificate from the'City'Attorney of the City of
Miami,,that such changes in the City of,Miami Ordinances have been '
made,will be.sufficient to: place all persons on- notice that such
changes have modif•i'ed these covenants.',' •
This Declaration. of • Restrictive Covenants; may be
mod ed, amended or released as to the land herein described, or''
any portion thereof, by. a written instrument' executed by the then
owners of the fee simple title to the lands to be affected by
such modification, amendment or release, provided that the same
has first been approved by the Point View Association, Inc., and
then by the City Commission after public hearing.
F. Should this Declaration Of Restrictive Covenants be so
modified, amended or released, the Director of the City of Miami
Building & Zoning Department, or his successor, shall forthwith
execute a written instrument effectuating and acknowledging such
modification, amendment or release.
G. Enforcement shall be by action at law or in equity
against any parties or persons violating, or attempting to
violate any covenants, either to restrain violation or to recover
damages. If any suit be brought for such enforcement the
enforcing party, if successful, shall be entitled to recover, in
addition to costs and disbursements allowed by law, such sum as
the Court may adjudge to be reasonable for- the services of his
attorney.
R. Invalidation of any one of these covenants, by
judgment or Court, in no wise shall affect any of the other
provisions which shall remain in full force and effect.
IN WITNESS WHEREOF, the owner has caused these presents to
be executed and signed in its name by its proper officers, and
its corporate seal to be affixed hereto and attested to by its
Secretary the day and year set forth.
WITNESSES:
DATE
CUCUSA,�1
By: / �1
RA C•• A, Presi•ent
ATTES
c- •%krona Secretary
(Co •orate Seal)
Attachment: 5182 Back -Up Documents from Law (5182 : Discussion - Declaration of Restrictions)
R r. ' 12000 .�c24T2
'STATE,OF FLORIDA .).
) SS
COUNTY OF DADE, ) '
•I HEREBY CERTIFY that on this , day of40+. , '1983,
before me personally' appeared RAY. CORONA and RICARDo CORONA,
President and Secretary, respectively, of CUCUSA,.INC., a •corpo
7.
ration under the laws of the' State.of Florida, to me known to be'
'the persons who'. signed .the foregoing i.ns•trumnt as such officers*
ind severally, acknowledged the'execution thereof to be their. free.
act .and deed as .such.offioers for the uses and purposes therein
'Mentioned,' and that they affixed thereto the official seal of
said corporation, and that the said instrument is the act and
deed of said corporation.
WITNESS my hand and official seal the day and year last
aforesaid.
My Commission Expires:
APPROVED AS TO FORM AND CORRECTNESS:
elAtisA jehoirnyL
y Attorney
Prepared by:
OTARY PURL
STATE O j4ORIDA AT LAR
Janet Lenore Cooper, Attorney
LAW OFFICES OF JANET L. COOPER
Suite 1020
169 East Flagler Street
Miami, Florida 33131
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September 21, 2018
Ms. Alicia Garcia
Babylon International, Inc.
555 NE 15th Street #100
Miami, FL 33132
Exhibit B
EMILIO T. GONZALEZ, PhD.
City Manager
Submitted into the pub e
record for itern(s) J, ' L
on S1 N 11`‘ . City Clerk
RE: 240 SE 14 ST Folio# : 01-4139-068-0010
Dear Ms. Alicia Garcia:
Pursuant to your letter dated July 11, 2018 requesting zoning verification for the above -mentioned
property, and in response to said request, please be advised of the following:
The current zoning designation of the site is T6-8 (Urban Core Transect Zone). The Urban Core
Zone consists of the highest Density and greatest variety of Uses, including Civic Buildings of
regional importance. A network of small blocks has Thoroughfares with wide Sidewalks, with
steady tree planting and Buildings set close to the Frontages with frequent doors and windows.
Pursuant to your specific inquiry regarding the conditions for relief present in the Declaration of
Restrictions related to the site recorded in the Public Records of Miami -Dade County at Official
Records Book 12000, Page 2469, please be advised of the following conclusions:
Section D of the Declaration of Restrictions related to the site provides that "if the zoning district of
the regulations applicable to all the properties on South Bayshore Drive between S.B. 14th Street
and S.E. 15th Road should change to permit any structure within such area to be used totally for
offices, banks, or commercial uses, or combinations thereof, or if the permitted FAR applicable to
such area increases above that presently permitted, the subject property shall be relieved of the
limitations contained herein which are more restrictive than the new district or regulations."
In 1983, Zoning Ordinance 9500 was in effect and permitted a maximum FAR of 0.58 times the
gross lot area for the site and the surrounding area described in the covenant. Today, Miami 21
permits a Floor Lot Ratio ("FLR") of five (5) times the gross lot area, with the option of an
additional twenty-five percent (25%) through the Public Benefits Program for the site and the
surrounding area. In conchlsiou, the permitted Floor Area Ratio ("FAR") applicable to the area
described in the covenant has increased above the FAR permitted in 1983.
The T6-8-R zoning district permits commercial uses through the City's Warrant process, pursuant to
Article 4 'fable 3 of Miami 21, The site, as well as the surrounding area depicted in the covenant,
are all designated as within the T6-8-R Transect Zone. Therefore, it is possible for the site to be
entirely commercial, which is depicted in the covenant as a condition for relief of its restrictions.
As analyzed above, both zoning conditions for relief as set forth in the Declaration of Restrictions
related to the site recorded in the Public Records of Miami -Dade County at Official Records Book
OFFICE OF ZONING
444 S.W. 2nd Avenue. 4111 Floor / Mlami, Florida 33130 / Mono: (305) 416-1499 Fax (305) 416-2156
Moiling Address: F.O. Box 330708 Miami, Florida 33233-0708
Attachment: 5182 Back -Up Documents from Law (5182 : Discussion - Declaration of Restrictions)
1Iitgof ' A i tuna
submitted into the public
cord fool- it m(s) _ C)1 (,
SIN/ •City Clerk
EMILIO 'r, GONZALEZ, PhD,
City Manager
12000, Page 2469 are satisfied. As a result, me Il f altons contained within the covenant that are
more restrictive than the current regulations governing the site are unenforceable.
For your convenience, additional information regarding Miami 21 regulations may be obtained by
visiting the Miami 21 website at www.Miami21.org. If further zoning information is required on
this matter, please contact our zoning information counter at (305) 416-1499.
Sincerely,
Devin Cejas
Zoning Administrator
OFFICE OF ZONING
444 S.W. 2nd Avenue, 4111 Floor / Miami, Florida 33130 / Phone: (305) 416-1499 Fax (305) 416-2156
Mailing Address: F.O. Box 330708 Miami, Florida 33233-0708
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Submitted into the public
recordfq i � e�n(s) ��
on // // . City Clerk
This space reserved for Clerk's Office Use -----------------
CITY ATTORNEY CERTIFICA ON
Exhibit C
I, Victoria Mendez, Esq., City Attorney of the City 0lami (the "City") hereby
certify that:
2. The property located at 240 SE 14 Street, Miami, Florida (the " s jerty") is subject
to the Declaration of Rests Lions recorded in the Public Records .Of Miami -Dade
County at Official Records", i 2,000, Page 2469 (the "Covenant").
3. The City Zoning Administratoron the f
September 21, 2018, confirmed tip bo
Paragraph D of the Covenant are aetis re
of a Zoning Verification Letter dated
e onditions for relief provided in
kimitations contain within the
Covenant that are more restrictive f an the current regulations governing the site
are unenforceable. See Exhibit A.
4. suant to ` : :agraph D of the Covenant and the Zoning Administrator's
b'Teivementioned i firmation, this Certification shall serve to place all persons on
no
the lim
at such change have modified the Covenant and the Property is relieved of
ions found $ paragraphs 1-12 of the Covenant.
[SIGNATURE PAGE TO FOLLOW]
Page 1 of 2
Attachment: 5182 Back -Up Documents from Law (5182 : Discussion - Declaration of Restrictions)
Submitted into the public
record
or 3 it9m(s) '6\ , t
on/ l
1 it City Clerk
This Certification is executed this day of , 2018 by
Victoria Mendez, City Attorney for the City of Miami.
Victoria Mendez, City Attorney
Page 2 of 2
Attachment: 5182 Back -Up Documents from Law (5182 : Discussion - Declaration of Restrictions)