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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 Rff. IylpFslxT e,t.• rna," 4. 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 a n� st•SI..�"a� TA\ r,t �R,Gtipt]? �.,� GI rrr