HomeMy WebLinkAboutExhibit BPrepared by, and after recording
please return to:
Alejandro Uribe Sevilla-Sacasa, Esq.
2800 Ponce de Leon Blvd., Suite 1200
Coral Gables, Florida 33134
Please return this instrument after recording to:
Office of the City Attorney
City of Miami
444 SW 2" Avenue, Suite 945
Miami, Florida 33130
Reserved for Recording
DECLARATION OF RESTRICTIVE COVENANTS
KNOW ALL MEN BY THESE PRESENT that the undersigned, 2814/16 SW 37, LLC, (the
"Owner") hereby makes, declares and imposes on the land herein described, this Declaration of
Restrictive Covenant (the "Declaration"), and the covenants running with the title to the land
contained herein, which shall be binding on the Owner, all heirs, grantees, successors and
assigns, personal representatives, mortgagees, lessees, and against all persons claiming by,
through or under it.
WHEREAS, Owner holds fee simple title to certain real property located at 3700-02 SW
28 Street, 2810-12 SW 37 Avenue, 2814 SW 37 Avenue, 2816 SW 37 Avenue, 2818 SW 37
Avenue, 2824-26 SW 37 Avenue, and 2828 SW 37 Avenue, all lying in the City of Miami,
Florida, more particularly described in Exhibit "A" attached hereto and incorporated herein (the
"Property"); and
WHEREAS, Owner, in connection with a previous rezoning of the Property voluntarily
proffered a list of uses which would be incompatible and prohibited at the property, but which
covenant was not recorded; and
WHEREAS, Owner is seeking an amendment of the Miami Comprehensive
Neighborhood Plan from Medium Density Restricted Commercial to Restricted Commercial, as
well as rezoning of the Property from T5-O to T6-8-O (together, the "Applications"); and
WHEREAS, Owner, wishes to assure the City of Miami (the "City") that representations
made by the Owners previously with relation to prohibited uses are complied with and recorded
in the public record;
NOW THEREFORE, in order to assure the City that the representations made during the
consideration of the Applications will be abided by, the Owners freely, voluntarily and without
duress make the following Declaration of Restrictive Covenants running with the title to the land
(this "Declaration") covering and running with the Property:
1. Recitals. The above recitals to this Declaration and exhibits referenced therein are true
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and correct and hereby incorporated by reference and made a part hereof.
2. Covenants:
A. Notwithstanding the T6-8-O Transect Zone's permitted uses, the following uses shall
be prohibited at the Property:
1) Car wash;
2) Gas station;
3) Major mechanical work;
4) Body work;
5) Welding;
6) Any work involving noise glare, fumes, or smoke, all of which are considered
auto -related commercial establishment and/or auto -related industrial activities
as is defined in Section 1.1.d of Miami 21, as may be amended;
7) Sale of alcohol for the primary purpose of off -site consumption; and
8) Alcohol service establishments, as the term is defined in Section 1.1.d of
Miami 21 as may be amended, including bars, taverns, cocktail lounges,
nightclubs, or supper clubs.
B. All commercial deliveries to any business at the Property shall take place during
normal business hours.
C. Commercial delivery vehicles shall access the Property solely from SW 28th Street.
D. The main vehicular access for the Property shall be located along SW 37th Avenue to
the extent permitted by Code.
E. A secondary vehicular egress along SW 28th Street shall be permitted.
F. Residents shall be prohibited from storing items on balconies except for patio
furniture in good condition.
G. The interior side setback areas of the Property (to the south and west) shall be
landscaped to serve as buffers for abutting properties.
3. Covenant Running with the Land. This Declaration on the part of the Owner shall
constitute a covenant running with the land and shall be recorded, at Owner's expense, within
thirty (30) days of acceptance by the City in the public records of Miami -Dade County, Florida.
4. Effective Date. The provisions of this instrument shall become effective upon their
recordation in the Public Records of Miami -Dade County, Florida.
5. Term. This Declaration shall continue in effect for a period of thirty (30) years after the
date of such recordation, after which time they shall be extended automatically for successive
periods of ten (10) years each, unless amended, modified or released pursuant to Paragraph 6
herein.
6. Modification, Amendment, Release. The provisions of this instrument may be
amended, modified or released by a written instrument executed by the then owner(s) of the
Property, including, if necessary, joinders of all mortgagees provided the same is also approved
by the City Commission. Any modification, amendment or release shall be in a form acceptable
to the City Attorney.
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7. Enforcement. Enforcement shall be by action against the parties or person(s) violating,
or attempting to violate, any covenants in this Declaration or the then Owner(s) at the time the
violation is committed. The prevailing party to any action or suit pertaining to or arising out of
this Declaration 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/her attorney. This
enforcement provision shall be in addition to any other remedies available at law, in equity or
both.
8. Severability. Invalidation of any of these covenants by judgment of court shall not affect
any of the other provisions, which shall remain in full force and effect.
9. Remedies. All rights, remedies and privileges granted herein shall be deemed to by
cumulative and the exercise of any one or more shall neither be deemed to constitute an election
or 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.
[Signature Pages to Follow]
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Signed, witnessed, executed and acknowledged this day of , 2023.
2814/16 SW 37, LLC, a Florida limited
liability company
By:
Title:
Witnesses
Print Name:
Print Name:
STATE OF FLORIDA )
)
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
, 2023, by means of [ ] physical presence, or [ ] online notarization, by
. He or she is [ ] personally known, [ ] or produced
as identification.
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Print or Stamp Name:
Notary Public, State of
Commission No.: N/A
My Commission Expires:
APPROVED:
LAKISHA HULL, AICP, LEED AP BD+C,
Planning Director
APPROVED AS TO FORM AND
CORRECTNESS:
VICTORIA MENDEZ
City Attorney
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EXHIBIT "A"
LEGAL DESCRIPTION
Lot. t lees The East 10 test thereof, in loc 3 of tOUOLAS MANb accardin t.
the Plot thereof, wait retarded in Pita riik 7, opt Po "157, of th - w IIa Petards di
WkG miii—I ds Cpsnty, Fl ridp.
Lit 2 Ire the east 10 feet wvert, Iglu 3, DOUGLAS MANOR", arcordio to
the Plat thereof. us recorded in Plat I:oak 7. t :, 157., dr the Public Pea olds of
pa N6mut",, Flpruiw; t,pgether with the impr +wwernenti ditotate thereon.
Lot 'Ii, LESS the E ,„t. t tenet thereof, et to 1 4 'REALTYSECURITIESP
C I' TI i° ' » PLAT COCOANUT (ANC ac r rdicmwg to, the clot thereof as
r' or wd iri o, nt Boo ,w,,t Po,.a5t the oic0Triftyup 1Dnde do.
Lot less Eat 7: Feet, try .o 'I � of "REALTY :SECU 11 ly'I s CORK:RA t N '
PLAT NUT P" :ti,"W ocoording tea. th.. Ptot lh: eop, rlc w r et Plot Book ,.
P��" i the Pphlic Recw kif i—Dade C urnty, Flpri
Lot „ In 1, oil' 'REALTY CUM HES CORPORATIOrS II Lw r Of 1 oAN '"IC
GROVE", mar artws e Plat then 4 recimited in Plat Boo 2„„ 5, of the
p Vi Reccrde= P erni—Ipad l ryt ° i ride•
Lot In k 1, of ',REALTY ctt l't'l ' ORP t t LAr of c000m t.
o"r, r, actor cX ;cg tri, tiher Plot thereat recanted in Plat Bow P B , of the
Pa ic Recprkle +t pi i—u pd cc:ity, I, idip•
r XL 2;R E S 71 AVFINUE
ti„.S3 r ouut Lett (d:gi+/— ryes)
Also known as: 3700-02 SW 28 Street; 2810-12 SW 37 Avenue; 2814 SW 37 Avenue; 2816 SW
37 Avenue; 2818 SW 37 Avenue; 2824-26 SW 37 Avenue; and 2828 SW 37 Avenue, which are
identified by Miami -Dade Tax Folio Nos. 01-4117-002-0420; 01-4117-002-0430; 01-4117-003-
0010; 01-4117-003-0011; 01-4117-003-0040; 01-4117-003-0050; and 01-4117-003-0080.
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