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HomeMy WebLinkAboutProposed Covenant - Staff Review Completed - ePlan Submission 7-27-2021Document prepared by: Office of City Attorney 444 S.W. 2nd Avenue, Suite 945 Miami, FL 33130-1910 Return Recorded Copy to: City of Miami Planning Department, Attn- Planning Director 444 S.W. 2nd Avenue, 3rd Floor Miami, FL 33130-1910 Folio No(s):01-4116-009-4030 (Space Above for Recorder's Use Only) DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of , 20, by Rosa Maria Carreras (the "Owner") in favor of the City of Miami, Florida, a municipality of the State of Florida (the "City"). WITNESSETH: WHEREAS, Owner holds fee -simple title to certain property in the City of Miami, Florida, located at 3231/3233 SW 23 Terrace, legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, Public Hearing No. PZ-20-7970 was held before the City Commission on 2021, at which the City Commission adopted Resolution (the "Resolution"), a copy of which is attached as Exhibit "B"; NOW THEREFORE, the Owner, for valuable consideration, the receipt and adequacy of which are hereby acknowledged, 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 its heirs, grantees, successors, 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: Notwithstanding the Property's T4-L zoning designation, the Property shall only be used for those uses permitted in the T3-O zoning district or as green space, recreational area, or open space serving other abutting properties with a zoning classification of T4, T5, and T6. 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. 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 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 terms 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 2 recover damages. This enforcement provision shall be in addition to any other remedies available under the law. 6. Cumulative. All rights, remedies, and privileges gained herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges as may be available to it. 7. Amendment, Modification, Release. This instrument may be modified, amended, or released as to any portion or all of the Property only after the occurrence of a public hearing before, and approval from, the City Commission. Any amendment, modification, or release shall be executed by the Planning Director and the Zoning Administrator, or their 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, within thirty (30) days of the acceptance by the City. The Owner shall furnish a copy of the recorded Declaration to the City Department of Hearing Boards within thirty (30) days of recordation. 10. Counterparts/Electronic Signature. This Declaration may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Declaration. The parties shall be entitled to sign and transmit an electronic signature of this Declaration (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is 3 contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Declaration upon request. 11. No Vested Rights. Nothing in this Declaration shall be construed to create any vested rights whatsoever to the Owner, its successors, or assigns. SIGNATURE PAGES TO FOLLOW 4 IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of , 20 TWO WITNESSES FOR EACH OWNER: OWNER: By: Rosa Maria Carreras Print Name: By: Print Name: STATE OF ) ) SS COUNTY OF ) By: (Signature) (Print Name, Title) The foregoing instrument was acknowledged before me by means of physical presence OR online notarization, this day of , 20 , by Rosa Maria Carreras, as Owner of the Property. Personally Known or Produced Identification Type of Identification Produced Print or Stamp Name: Notary Public, State of Commission No.: My Commission Expires: 5 APPROVED AS TO CONTENTS: Cesar Garcia -Pons, AICP, LEED, AP Planning Director Daniel Goldbe , Esq. Zoning Administrator APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, Esq. City Attorney 6 Exhibit "A" Legal Description Lot 36, Less the South 10 feet for right—of—way purposes, Block 9, of AMENDED PLAT OF MIAMI SUBURBAN ACRES, according to the Plat thereof, as recorded in Plat Book 4, at Page 73, of the Public Records of Dade County, Florida. 7 #84057374_v1 ProjectDo ' Checklist Comments Report Project Name: PZ-20-7972 Workflow Started: 07/16/2021 10:52 AM Report Generated: 08/13/2021 07:50 AM Grouping Cycle Ref # Permit Type Group Name Comment Type Category Type Reviewer Comment Applicant Response Status Updated By Last Updated Completed? Date Completed Main Workflow 1 1 Site Development Land Development Review Group Design & Review (FLU M/Rezone) Department Review One of the issues brought up by staff and reiterated by the PZAB board at the May 5th hearing was that the Subject Property failed Parks & Open Space LOS. This area is essentially a parks desert. The language in section 2 Use/Restriction: "Notwithstanding the Property's T4-L zoning designation, the Property shall only be used for those uses permitted in the T3- 0 zoning district or as green space, recreational area, or open space serving other abutting properties with a zoning classification of T4, T5, and T6." Does not remedy the failed Parks and Open Space LOS. The only T4, T5, and T6 are the Abutting properties that are subject to Warrant no. PZ- 20-7955. This Warrant for an extended care facility was referenced in the LOI for PZ-20- 7972. The language of Section 2. Use/Restriction makes clear the open space would not be a publicly open/serving park/open space, and would be reserved for the residents and staff of the proposed extended care facility. Consider amending this language to allow public access. This could mitigate against failed Parks LOS. Information Kathryn Angleton 07/16/2021 11:26 AM True 07/16/2021 11:26 AM ProjectDo ' Checklist Comments Report Land If the purpose of the Subject Property is to be open space, recreational space, or green space of any sort, a rezone to T4-L and a FLUM amendment to Low Density Restricted Main Workflow 1 2 Site Development p ent Development Review Group Design & Review (FLUM/Rezone) Department Review Commercial are not necessary. There are no restrictions on converting the Property under the T3-O Zoning Transect and Information Kathryn Angleton 07/16/2021 11:26 AM True 07/16/2021 11:26 AM Duplex Residential FLU Designation into a passive open/green space. Project Department Review Status Report Project Name: PZ-20-7972 Workflow Started: 07/16/2021 10:52 AM Report Generated: 08/13/2021 07:52 AM Cycle De par:. aent Reviewer Email Status Reviewer Comments Applicant Comments 1 Zoning Administrator Daniel Goldberg dagoldberg@miamigov.com Approved with Conditions Covenant contents and use restrictions therein meet zoning requirements. City Attorney Office Supervisor Barnaby Min BMin@miamigov.com Land Development Supervisor Kemarr Brown kbrown@miamigov.com Land Development Review Group Kathryn Angleton kangleton@miamigov.com Staff Review Complete City Attorney Office Amber Ketterer AKetterer@miamigov.com Staff Review Complete See comment in Covenant - may want to indicate that the Property may be open space serving other abutting properties with a zoning classification of T4, T5, and T6 OR THEIR SUCCESSOR EQUIVILENT. Planning Review ExecutiveGrcuti Jeremy Calleros Gauger jcallerosgauger@miamigov.com Staff Review Complete Any recreational use serving the general public (and thus improving the level of service per Planning comments) will require an Exception. Planning Administration Alicia Menardy ATMenardy@miamigov.com Review Unnecessary CAO-Legal Assistants Stephanie Fernandez smfernandez@miamigov.com Staff Review Complete Ready for ACA, Ketterer to review.