HomeMy WebLinkAboutExhibit B - Declaration of Restrictive Covenant19�J M III Pit to 22 " T R 1 8 5 2 8 k
Ric 13280 Ps. 447
DECLARATION OF RESTRICTIVE COVENANTS
This declaration of Restrictive Covenants by Antoni
Zamora, Trustee ( "Owner") in favor of the City of Miami, F
a municipality of the State of Florida.
WITNESSETH:
Pills submittal needs to be. scheduled fora public hearing
In accord ante with timelines sel forth in the City of
Miami Code. The applicable demon -making body will
rewewihe I nformation at the public Acaring to render a
recommendation or a fine I decision.
WHEREAS, the Owner holds Fee -simple title to certain property in
the City of Miami, Florida ("the City") consisting of Lots 28, 29
& 30 Black 6, AMENDED PLAT OF MIAMI SUBURBAN ACRES, as per the
plat thereof as recorded in Plat Book 4, Page 73 in the Public
Records of Dade County, Florida (the "Property"); and
WHEREAS, the Owner is presently an applicant before the City of
Miami City Commission for a change of Zoning Classification in
the Official Zoning Atlas of the City of Miami, from RG-1/3
(General Residential) to CR-3/7 (Commercial Residential) excluding
the south one foot of the Property which shall remain RG 1/3;
("The Zoning Change") and
WHEREAS, the Owner is desirous of making a binding commitment to
assure that the Property shall be developed in accordance with the
provisions of this Declaration;
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 covenants running with the land
binding upon the Owner of the Property, and his successsors and
assigns as follows:
A. Building Height Limitation. The height of buildings
located within fifty (50) feet of the south property line of the
Property along S.W. 22nd Terrace shall not exceed two (2)
stories or thirty-five (35) feet.
B. Landscape Plan and Buffer. Prior to the issuance of a
building permit on the Property, Owner shall obtain approval of a
landscape plan from the City of Miami Planning Department which
plan shall reflect a landscape buffer with a width of twenty (20)
feet along the entire south property line of the Property along
S.W. 22nd Avenue which buffer will contain heavy, visually
impenetrable landscaping so as to obscure the view of the Property
by adjacent property owners to the extent reasonably possible. The
landscaping of the Property shall be installed in conformity with
said landscape plan; and the Owner shall also be responsible for
the maintenance of the landscaping on the Property in perpetuity.
C. Vehicular Access Limitation. No vehicular access for
ingress or egress shall be permitted across the south property line
of the Property along S.W. 22nd Terrace.
D. Local Park Contribution. A contribution in the amount
of $5,000.00 shall be paid to the City of Miami prior to issuance
of any building permit for the Property which contribution shall
be applied by the City for Parks Improvements Trust Funds for
Child Care Facilities.
E. Effective Date. If the City Commission of the City
approves the Owners" pending application for The Zoning Change
and after said approval of The Zoning Change has become final and
non -appealable, this instrument shall constitute a covenant
PZ-21-10748
03/22/22
°`1 t 3280Qc 448
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running with the title to the Property and shall be binding
the Owners, their successors and assigns. These restric
shall be for the benefit of and a limitation upon all pre
and future owners of the Property and for the public welfare.
F. Amendment and Modification. This instrument may be
modified, amended or released as to anyportion of the Property
by a written instrument executed by the then owner _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 CorTmnission after a public hearing. should this in-
strument be so modified amended or released, the nirect.or of the
Planning Department or his successor, shall execute a writt.en
instrument in recordable form effectuating and acknowledging such
modification, amendment or release.
This submittal needc to be scheduled for a public hearing
in accordance with M1moires set forth in the City of
Miami Code.The applicable decision -ma king body vnll
reoewtfie Intonate n at the pubic hearing to renhera
recommenclat on or a final decision.
G. Term of Covenant. This voluntary covenant on the
part- of the Owners shall remain in full force and effect and
shall be binding upon the Owner, his successors 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 successive periods of ten (10) years thereafter
unless modified, amended or released prior to the expiration
thereof.
II . Inspection and Enforcement. It is understood and agreed
that any official inspector of the City of Miami may have the
privilege at any time during the normal working hours to determine
whether or not the requirements of the Building and Zoning
Department and the conditions of this Declaration are being
complied with. An enforcement action brought by the City shall be
by action at law or in equity against any party or person
violating or attempting to violate any covenants, either to
restrain violations or to recover damages. This enforcement
provision shall be in addition to any other remedies available
under the law.
I. Severability. Invalidation of any 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.
J. Recording.. This declaration shall be filed of record
among the Public Records of Dade County, Florida, at the cost of
the Owners.
PZ-21-10748
03/22/22
IN WITNE WHEREOF■ (the
this / day o E p-1 •��
Witnesses:
STATE OF FLORIDA )
1 SS
COUNTY OF DADE
The fonsigc4ng instrument
day of .1)- '?).a41. c( , l96
My Commission Expires:
ark, ary A :.4. tt.te rf i oride
My Corr rn•s• ,._s Ian. 7, t9eli
Inn, t... ,r „ m.•n. , gm
KEC 132807 4.49
undersigned has set their hands and seals
19B7.
Antonio R . !ariot-a rustee
_.;Ds ack wl'.�dge�(befoxe sme this /0 —
Y I y (���f G le(
AI,T[ON IO R. ZAMORA, TRUSTEE.
3X0TARY PUBLIC
State of Florida at Large
APPROV'' AS'TO FORM AND CORRECTNESS:
UC • A . I.UUGHERTY
City
y Attorney
TI115 submRlal neebc 1g be scheUuletl fora pubic hearing
In accordance wiHrti melines set forth in the City of
Miami Code. The applIcabLe decision -ma Ming body o LI
renew the Informnton at the pubic hearIng to renders
recommendation or a final decison.
PZ-21-10748
03/22/22
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