HomeMy WebLinkAboutExhibitThis instrument prepared by and
Record and Return to:
Shahrzad Emami, Esq.
Nelson Mullins Riley & Scarborough LLP
1905 NW Corporate Blvd.
Boca Raton, FL 33431
[SPACE ABOVE THIS LINE FOR RECORDING DATA]
FIRST AMENDMENT TO
DECLARATION OF RESTRICTIVE COVENANTS
THIS FIRST AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS
(this "Amendment") is made this day of , 2024, by and between CITY OF
MIAMI, FLORIDA, a municipality of the State of Florida (the "City"), and MIAMI-DADE
COUNTY, FLORIDA, a political subdivision of the State of Florida ("County").
RECITALS:
WHEREAS, the City and County entered into that certain Declaration of Restrictive
Covenants, dated December 27, 2019, and recorded in Official Records Book 31745, Page 1020 in the
Official Records of Miami -Dade County, Florida (the "Covenant");
WHEREAS, the Covenant placed certain restrictive covenants on the Property (as such term
is defined in the Covenant), with such restrictive covenants running with the land;
WHEREAS, YWCA -MG HOLDINGS, LLC, a Florida limited liability company
("Owner/YWCA Subsidiary"), is the successor -in -interest to County with respect to the Property;
and
WHEREAS, City and County desire to amend certain obligations in the Covenant.
NOW THEREFORE, for good and valuable consideration, the parties agree as follows:
1. The foregoing recitals are true and correct and incorporated in this Amendment by
reference. All capitalized terms not otherwise defined in this Amendment shall have the meanings
ascribed to such terms in the Covenant.
2. Section 3 of the Covenant is hereby deleted and replaced with the following:
"Restrictive Covenant. For the term of this Covenant, (i) the Property
(including any improvements thereon) shall be owned by the YWCA
Subsidiary or subsidiaries or affiliates of the sole member of the YWCA
Subsidiary (the "YWCA Affiliate") and/or the Property (including any
improvements thereon) may be ground leased to an entity where a YWCA
Affiliate has an ownership interest in said ground lessee entity and (ii) the
Property shall be used for the Intended Purposes. Notwithstanding the
foregoing, the definition of Intended Purposes shall include the Property
(including any improvements thereon) being used as a mixed -use, mixed -
income multifamily housing development of which a minimum of fifty
percent (50%) of all residential units of the development are rented to tenants
whose incomes are at or below one hundred twenty percent (120%) of the
area median income, as determined by the U.S. Department of Housing and
Urban Development. Upon the breach of any of the terms of this Section 3,
after providing the owner of said Property and its improvements, and any
applicable lenders and investors of the improvements notice of any default
under this section and at least ninety (90) days to cure any said default under
this section, all fee simple property rights shall revert to the City.
Notwithstanding the foregoing, if a recipient of the notice described in the
aforementioned sentence is diligently attempting to cure such breach, then
such recipient party shall be afforded an additional sixty (60) days to cure
such breach. If the City elects to revert the Property, it shall provide written
notice thereof to YWCA Subsidiary and/or YWCA Affiliate as applicable
and the YWCA Subsidiary or YWCA Affiliate, as applicable, shall
immediately deed the Property back to the City without the need for court
action, and the City shall take such conveyance subject to any ground lease
and/or any existing liens or encumbrances that exist on the Property. . The
City and the County further agree that the Parcel requested by FDOT for the
Roadway Project will not be encumbered by this Covenant.
3. The final "WHEREAS" clause on Page 3 of the Covenant is hereby deleted in its
entirety.
4. Except as modified by this Amendment, all of the terms, conditions, agreements,
covenants, representations, warranties, and indemnities contained in the Covenant remain in full force
and effect. In the event of any conflict between the terms and conditions of this Amendment and the
terms and conditions of the Covenant, the terms and conditions of this Amendment shall prevail. The
term "Covenant" as used in this Amendment and in the Covenant will refer to the Covenant, as
amended by this Amendment, and as further amended and modified in writing from time to time.
5. This Amendment may be executed in two or more counterparts, a complete set of which
shall be deemed an original, constituting one and the same instrument. The parties hereto agree that
they will execute such other and further instruments and documents that may be necessary to effectuate
this Amendment.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
2
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment the day and
year first above written.
ATTEST: CITY OF MIAMI, FLORIDA,
a municipality of the State of Florida
By: By:
Todd B. Hannon Name: Arthur Norriega V
City Clerk Its: City Manager
APPROVED AS TO LEGAL
FORM AND CORRECTNESS
By:
JOHN A. GRECO
INTERIM CITY ATTORNEY
JMB/#24-41
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by means of physical presence or
online notarization, this day of , 2024, by
as of CITY OF MIAMI, FLORIDA, a municipality of the State
of Florida, on behalf of the municipality. Said person is personally known to me or has produced a
valid driver's license as identification.
Notary Public; State of Florida
Print Name:
My Commission Expires:
My Commission No.:
[Signatures continue on following page]
First Amendment to Declaration of Restrictive Covenants
Signed, sealed and delivered in MIAMI-DADE COUNTY, FLORIDA,
the presence of: a political subdivision of the State of Florida
By:
Name:
Its:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by means of physical presence or
online notarization, this day of , 2024, by
as of MIAMI-DADE COUNTY, FLORIDA, a political
subdivision of the State of Florida, on behalf of the political subdivision. Said person is personally
known to me or has produced a valid driver's license as identification.
Notary Public; State of Florida
Print Name:
My Commission Expires:
My Commission No.:
[Signatures continue on following page]
First Amendment to Declaration of Restrictive Covenants
OWNER ACKNOWLEDGMENT:
YWCA -MG HOLDINGS, LLC,
a Florida limited liability company
By:
Name:
Its:
First Amendment to Declaration of Restrictive Covenants
1(1111111111 111111111111111111111111111111111111111111111
CFN 2O19RO8O296!
OR Bit 31745 Pas 1020-1038 (19Pss)
RECORDED 12/27/2n19 15:50:19
HAIWEY RUVIN, CLERK OF COURT
MIAtMI- DADE C43JN1'Y, FLORIDA
This Instrument Prepared By
and Return, After Recordation, To:
Victoria Mendez, City Attorney
OFFICE OF THE CITY ATTORNEY
City of Miami, Florida
444 S.W. 2 Avenue, 9th Floor
Miami, Florida 331.30-1910
Folio: 01-0106-070-2010
01-0106-070-2020
01-0106-070-2060
(Space Above for Recorder's Use Only)
DECLARATION OF RESTRICTIVE COVENANTS
RUNNING WITH THE LAND ("DECLARATION")
This Declaration of Restrictive Covenants ("Covenant"), made this day 2 7 of
beteiAhtC , 20j , by Miami -Dade County, Florida, a political subdivision of the State of
Florida, having offices at 111 NW 1st Street, Suite 2460, Miami, Florida 33128 (the "County"),
and the City of Miami, Florida, a municipality of the State of Florida (the "City").
WITNESSETH:
WHEREAS, pursuant to the Quitclaim Deed ("Deed") recorded March 15, 1991 in
Official Records Book 14938, Page 1719, the City conveyed to the County the property legally
described in the attached Exhibit "A" (the "Original Property"); and
Iq
Book31745/Pagel020 CFN#20190802965 Page 1 of 19
WHEREAS, the City conveyed the Original Property for the expressed purpose of
enabling the County to lease said Original Property to the YWCA of Greater Miami -Dade, Inc.
("YWCA") in accordance with the restrictions and reverters more particularly described in the
Deed; and
WHEREAS, the County complied with the Deed and leased the Original Property to the
YWCA which built the Martha Sutton Weeks Women's Center and has occupied the Original
Property since then; and
WHEREAS, the County received a request from the Florida Department of
Transportation ("FDOT") to donate a certain portion of the Original Property legally described in
the attached Exhibit "B", (hereinafter, the "Parcel"), for roadway and sidewalk improvements of
State Road 925, also known as, NW 3rd Court ("Roadway Project"); and
WHERAS, the City fully released and canceled the restrictions contained in the Deed
with respect to the Parcel, pursuant to the Release of Deed Restriction, recorded May 23, 2019 in
Official Records Book 31455, Page 606, and the County conveyed the Parcel to the FDOT to
enable the proposed Roadway Project; and
WHEREAS, the City received a request from the County and the YWCA to release the
Deed restrictions, and to enter into a Covenant Running with the Land ("Covenant") to be placed
upon the Original Property which allows for the County's conveyance of the Original Property,
minus the Parcel conveyed to FDOT, to the YWCA's wholly owned subsidiary, YWCA -MG
HOLDINGS, LLC ("YWCA Subsidiary"); and
WHEREAS, the City reiterates its full support of the YWCA's mission, dedicated to
eliminating racism, empowering women and promoting peace, justice, freedom and dignity for
Book31745/Page1021 CFN#20190802965 Page 2 of 19
all by providing services, programs, and affordable/low income housing for women, teens,
children, seniors, and families, and to aiding and supporting other organizations operated
exclusively for charitable or educational purposes ("Intended Purposes"); and
WHEREAS, the City and the County agree that the Parcel conveyed to FDOT will not be
encumbered by the Covenant described herein; and
WHEREAS, the City and the County hereby agree to enter into this Covenant as a
condition precedent to the conveyance of the remaining portion of the Original Property minus
the Parcel as more specifically described in the attached Exhibit "C" (and hereinafter referred to
as the "Property") from the County to the YWCA Subsidiary; and
WHEREAS, if the Property ceases to be used by the YWCA or YWCA Subsidiary for
the Intended Purposes or the YWCA or YWCA Subsidiary attempts to convey the Property to
any entity, all property rights shall automatically revert to the City without the necessity of
further action or proceeding; and
The County agrees that this will be a covenant running with the land and binding upon
the owner of the Property, its successors in interest and assigns, as follows:
1. Recitals. The recitals and findings set forth in the preamble of this Covenant are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
2. Release. The City hereby fully releases and cancels the restrictions contained in
the Deed.
3. Restrictive Covenant. The County and the City have agreed that upon the
County's conveyance of the Property to the YWCA Subsidiary, if the Property ceases to be used
by the YWCA or YWCA Subsidiary for the Intended Purposes or the YWCA or YWCA
Book317451Page1022 CFN#20190802965 Page 3 of 19
Subsidiary attempts to convey the Property to any entity, all fee simple property rights shall
automatically revert to the City without the necessity of further action or proceeding. The City
and the County further agree that the Parcel requested by FDOT for the Roadway Project will not
be encumbered by this Covenant.
4. Effective Date. This declaration shall constitute a covenant running with the title
to the Property and be binding upon the County, its successors in interest, and its assigns. 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, except as otherwise expressly indicated herein.
5. Term of Covenant. This Declaration shall remain in full force and effect and shall
be binding upon the County, its successors in interest, and assigns, specifically including the
YWCA and YWCA Subsidiary, for an initial period of thirty (30) years from the date of this
Declaration and shall be automatically extended for periods of ten (10) years, unless modified,
amended or released prior to the expiration thereof.
6. 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. 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. This enforcement provision shall be in addition to any other
remedies available under the law.
Book317451Page1023 CFN#20190802965 Page 4 of 19
7. Amendment, Modification, Release. This Declaration may be amended, modified
or released as to any portion or all of the Property only after occurrence of a public hearing
before the City Commission to be applied for and all costs paid for by the County, its successors
in interest, or assigns. Any amendment, modification, or release approved by the City
Commission shall be executed by the City Manager, his successor, or designee, and be in a form
acceptable to the City Attorney.
4. Severabili*v. Invalidation of any one of these covenants by judgment of Court
shall not affect any of the other provisions of this Covenant, which shall remain in full force and
effect.
5. Recording. This Covenant shall be filed of record among the Public Records of
Miami -Dade County, Florida, at the cost of the County. The County shall furnish a copy of the
recorded Covenant to the City Department Real Estate and Asset Management within thirty (30)
days of recordation.
10. No Vested Rights. Nothing in this Declaration shall be construed to create any
vested rights whatsoever to the owner, its successors and assigns.
SIGNATURE PAGES TO FOLLOW
Book317451Page1024 CFN#20190802965 Page 5 of 19
Signed, witnessed, executed and acknowledged on this r2-7 day of �.I*, 2019 .
ATTEST:
THE CITY OF MIAMI, A MUNICIPAL
CORPORATION OF THE STATE OF
FLORIDA
By. By:
Tvd Harmon Emiid Gonzalez, Ph.D.
Ci le City anager
APPROVED TO GAL
FORMA ■ O' ' CTNESS
By:
Vict endez
City orney
Acknowledgement
STATE 0 FLORIDA S
COUNTY OF MIAMI-DADE }
The foregoing instrument was acknowledged before me this day of Date/lb-cf., 20 I
by Emilio T. Gonzalez as City Manager of CITY OF MIAMI, a municipal corporation of the State of
Florida, who is Rersonallyknown to me or has p uced a driver's license as identification.
1 • " EDITH Y. MCCRAY
.' Notary Public — State of Ronda
Commission ti GG 178969
_-Jr. My Comm. Expires Jan 24. 2022
Bated -Pas]n traiera aiaary Assn M
Notary Public " 1 eN t4
Print Name:
Commission No.: 112 I ci
The foregoing was authorized and approved pursuant to Resolution No. R-19-0311 of the City
Commission of the City of Miami, Miami -Dade County, Florida, passed and adopted on the 25th
day of July, 2019. A copy which is attached hereto as Exhibit "D".
Book317451Page1025 CFN#20190802965 Page 6 of 19
Signed, witnessed, executed and acknowledged on this A I day of NC . , 20 M.
ATTEST:
HARVEY RUVIN, CLERK
Approved for legal sufficiency:
Assistant County Attorney
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
MIAMI-DADE COUNTY, FLORIDA,
BY ITS BOARD OF
COUNTY COMMISSIONERS
Acknowledgement
The foregoing instrument was acknowledged before me this ? .7 day of . , 20 1
by Carlos A. Gimenez as the Mayor of MIAMI-DADE COUNTY, a political subdivision of the State
of Florida, who is personally known to me or has produced a driver's license as identification.
.hq4� ORLA1DA BELLO•HERNNOA
T''f% Notary Public - State of Florida
Commission a GG 2QEc95
!comm. Expires Aug �i, 202Z
a
ommission No.: 4-6- Zc ' .9
The foregoing was authorized and approved by Resolution No. R-1340-19 of the Board of
County Commissioners of Miami -Dade County, Florida, on the 3rd day of December, 2019.
Book317451Page1926 CFN#20190802965 Page 7 of 19
YWCA ACKNOWLEDGMENT:
By:
Kerry -Ann
CEO
YWCA of Greater Miami, Inc.
Book31745/Page1 D27 CFN#20190802965 Page 8 of 19
Exhibit "A"
Original Property
Legal Description
Lots 11 through 15 inclusive in Block 67-N of A.L. KNOWLTON'S MAP OF
MIAMI, according to the plat thereof recorded in Plat Book B at Page 41 of the
Public Records of Dade County Florida, less the South 10.00 feet of said Lots 11
through 15
AND
Lot 16 in said Block 67-N, less that portion thereof acquired by the State Road
Department of Florida.
Book317451Page1028 CFN#20190802965 Page 9 of 19
Exhibit "B"
Parcel
Sketch & Legal Description
EXHIBIT LIB"
PARCEL 101
GENERAL NOTES:
- THIS 15 NOT A SURVEY
- Bearings shown hereon are relative to the Baseline along State Road 925 I N.W. 3rd
Avenue between N.W. 5th Street and N.W. 5th Street, based on PROJECT CONTROL
SHEET (P.N.C.) far State Road 925. Dated: OT/2612016, having a bearing of NO2.15'59"W.
- Stations and Offsets are relative to the Survey Baseline of N.W. 3rd Court.
- Bearings and distances are Caicufeted unless noted-
- Additions and/or deletions to survey reaps, sketches or reports by any party other than
the signing party are prohibited without the written consent of the signing party.
- This site was not abstracted for easements or Right -of -Ways of record
- This document consists of three (3) sheets and shall not be considered full, valid, and
complete unless each Sheet is attached to the other.
- Not valid without the signature and original raised seal of a Florida Licensed Surveyor
and Mapper.
REFERENCES:
rj Municipal Atlas City of Miami (36B)
- *I) Florida Department of Transportation Right-of•Way Map for State Road 9, Section
7270-2426, Dated: 07/15/1965. aria recorded in Road Plat Book 83, at Page 21, of
the Public Records of Miami -Dade County, Florida.
riP1O:
aseline
Centerline
- City of Miami
Monument Line
w: - Parcel Identification
Number
EXIST. - Existing
F.D.O.T. - Florida Department
of Transportation
F.P. - Financial Project
LT - Left
NO. • Number
P.B. - Plat Book
PG. - page
P.I. • Point al Intersection
RGE. - Range
RI - Right
RAM - Right -of -Way
SEC. - Section
STA. - station
TWP. - Township
P.O.B. • Point of Beginning
P.O.C. • Point of Commencement
[PI- Plat
D.B. - Deed Book
S.R. • State Read
W.E.C. 63-83929
DWG# 2271 5S-09
INDEX
SHEET No.
SKEET DESCRIPTION
1 2
3
LEGAL DESCRIPTION
PARCEL 'DETAIL
Jet,
DATE: 02/2h/it
X. N sL fJ
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA LICENSE NO. 6907
FLORIDA DEPARTMENT OF TRANSPORTATION
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
STATE ROAD No. 97s MUIMI-DApe COUNTY
I r
ax
I.EVL ofKganiaii
MpuIL
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11AM77
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wIfflotot
ant
4A0 ; 1lll.
1 Il1011.
MEM-
SEC GAIRut MOLES
F.r. NO FVA SECTION 37040-142 1 SHEET 1 Ce
Book31745/Page1029 CFN#20190802965 Page 10 of 19
BXHI8!T 'IB1
LEGAL DESCRIPTION PARCEL. 101:
A portion of Lot 16, Block 67N, as shown on MAP OF MIAMI DADE CO. PLA,, according to the
plat thereof as recorded in Plat Book B, at Page 41, of the Public Records of Miami -Dade
County, Florida. being more particularly described as follows:
COMMENCE at the intersection of the centerline of 7th Street (now known as NW 5th Street)
with the centerline of State Road 925 1 NW 3rd Court. as shown or. Florida Department of
Transportation District VI Right -of -Way Map for Stake Road 925 / NW 3rd Court, Section:
87040.102, Dated: 01/04/2017, prepared by Biscayne Engineering Company, Inc.: THENCE
South 87°44'01" West. perpendicular to the Baseline of Survey for sald State Road 925. a
distance of 5,00 feet; THENCE North 02°15'59'West, along said Baseline of Survey, a
distance of 35,03 feet, THENCE South 87°44'01' West, at right angles to the last described
course, a distance of 33,00 feet to the POINT OF BEGINNING; THENCE South 87°46'5T"West
along the northerly existing Right -of -Way line of sald NW 5th Street. said line being
coincident with the easterly projection the north line of those lands described In Deed Book
947, at Page 426, of the Public Records of Miami -Dade County, Florida, a distance of 21.17
feet to a point on a circular curve concave to the Northwest and having a radius of 23.00
feet and a tangent bearing of North 83"04`25"East; THENCE Northeasterly and Northerly
along the arc of said circular curve through a central angle of 85°25'26"for an arc distance
of 34.29 feet; THENCE North 02°21'01" West, a distance of 11.69 feet to a point on a
circular curve concave to the West and having a radius of 3,788.72 feet and a tangent
bearing of South 02°33'54"East; THENCE along the westerly existing Right -of -Way line of
said State Road 925, as shown on Florida Department of Transportation District VI
Right -of -Way Map for State Road 9, Section: 87270-2426, Dated: 07/15/1965, and recorded
in Road Plat Book 83, at Page 21. of the Public Records of Miami -Dade County, Florida, for
the following two {2} courses: (1) Southerly along the arc of said circular curve through a
central angle of 00'17'551ot an arc distance of 19.75 feet; (2) THENCE South 02°15'59"
East. a distance of 14.91 feet to the POINT OF BEGINNING.
All of the foregoing lying in Section 37, lames Hagan Donation, Township 54 South. Range
41 East, City of Miami. Miami-0ade County. Florida,
Containing 113 square feet, more or less,
THIS IS NOT
A SURVEY
FLORIDA DEPARTMENT OF TRANSPORTATION
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
STATE ROAD N0. 925
MIAMI-DADE COUNTY
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F.P. NO NIA SECTION 870404102 SHEET 2 OF 3
Book317451Page1030 CFN#20190802965 Page 11 of 19
DETAIL "Ir SEC. 37 IJAME5 HAGAN DONATION).
WO. 54, ROE. 42 E.
CITY OF MIAMI, MIAMI-DADE COUNTY, FL.
SECTION 37 (JAMES HAGAN ❑ONA 'ION), TOWNSHIP 54 S., RANGE 41 E.
MAP OF MIAMI DADE CO. FLA.
ILL a
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s P.C.STA.181+22.34
' C.9 N4cr21`42"E P.T.STA.191+39.54
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o•? 14.91' $ P.C. STA.161+22.34 '
'"
181+01, rnn /S.R. 9251N.W. 3rd COURTCO
No2"15'59�w erl
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NOTE (*)- PER MUHIClPAL
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S.R. 92511N.W. 3rd COURT
SECTION 87040-102 0 10 20
ATLAS CM OF MIAMI i36-B5
RAIN MAP SEC. 87270-24226 Scale: 1" = 20'
THIS 15 NOT
PARCEL NO.
OWNERS NAME
PARCEL AREA
REMAINDER
COMMENTS
A SURVEY
101
M GSAEGAMMT
113 SO.Fr.
•
FLORIDA DEPARTMENT OF TRANSPORTATION
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
STATE ROAD N0. 025 MIAMI.oAta! CO whirr
-
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SSHEET3 OF
Book31745/Pagel 031 CFN##20190802965
Page 12 of 19
Exhibit "C"
Property
Legal Description
EXHIBIT 1C"
GENERAL NOTES:
- THIS I5 NOT A SURVEY
- Bearings shown hereon are relative to the Baseline along State Road 925 / N.W. 3rd
Avenue between N.W. 5th Street and N.W. 6th Street, based on PROJECT CONTROL
SHEET (P.N.C.1 for State Road 925, Dated: 07/26/2016. having a bearing of NO2`15'59`W.
Stations and Offsets are relative to the Survey Baseline of N.W. 3rd Court.
- Bearings and distances are calculated unless noted.
- Additions and/or deletions to survey maps, sketches or reports by any party other than
the signing party are prohibited without the written consent of the signing party.
- No Title Search was provided and / or reviewed by Biscayne Engineering Company, Inc.
- This site was not abstracted for easements or Right -of -Ways of record.
- This document consists of three (3) sheets and shall not be considered full, valid. and
complete unless each sheet is attached to the other.
- Not valid without the original signature and seal of a Florida Licensed Surveyor and
Mapper.
- This sketch to accompany Legal Description Is in compliance with the Standards of
Practice as set forth by the Florida Board of Professional Land Surveyors and Mappers,
Referenced in Rule 51.17 Florida Administrative code pursuant to Section 472.027. Florida
Statutes.
REFERENCES:
- *} Municipal Atlas City of Miami (36B)
- *1) Florida Department of Transportation Right -of -Way Map for State Road 9. Section
7270-2426, Dated 07/15/1965, and recorded in Road Plat Book 83, at Page 21. of
the Public Retards of Miami -Dade County, Florida.
LEGFNP:
Baseline
Centerline
- City of Miami
Monument Line
EXIST. - Existing
F.13.O.T. - Floride Department
of Transportation
F.P. - Financial Project
LT Left
NO. • Number
P.B. - Piet Book
PG. • Page
P-I. - Point of Intersection
ROE. - Range
RT - Right
R/W - Right -of -Way
SEC. - Section
S TA. - Station
TWP. - Township
P.O.B. - Point of Beginning
P.O.C. - Point of Commencement
CPI- Plat
O.B. - Deed Book
S, R. • State Road
E.E.C. 113-85929
DWG* 2291-55.6e
INDEX
SHEET No.
SHEET DESCRIPTION
1
2
3
COVER
I EGAi. DESCRIPTION
PARCEL DETAIL
ETSCAYNE ENGINEERING COMPANY, INC.
529 W. FLAGLER ST, MIAMI. FL 33130
TEL. (305) 324-7671
STATE DEPARTMENT OF AGRICULTURE
CERTIFICATE OF AUTH0R12AT10N 18129
X. NEGR[f+ PSM. FOR THE FIRM
PROFES IONAL SURVEYOR AND MAPPER
FLORIDA LICENSE NO. 6987
FLORIDA DEPARTMENT OF TRANSPORTATION
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
STATE ROAD No. 22s
041A011-DADE COUNTY
DM.
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St! GEntMc 'scan,
F.P. NO. NIA
SECTION 87046-1e2
SHEEr r OF 3
Book317451Page1032 CFN#20190802965 Page 13 of 19
EXHIBIT "C"
LEGAL DESCRIPTION:
A portion of Lots 11, 12, 13, 14, 15, and 16, Block 67N. MAP OF MIAMI DADE CO. FLA..
according to the plat thereof as recorded in Plat Book B. at Page 41, of the Public Records
of Miami -Dade County, Florida, being more particularly described as follows:
COMMENCE at the intersection of the centerline of 7th Street (now known as NW 5th Street)
with the centerline of State Road 925 / NW 3rd Court. as shown on Florida Department of
Transportation District VI Right -of -Way Map for State Road 925 / TJW 3rd Court, Section:
87040-102. Dated. 01(04/2017, prepared by Biscayne Engineering Company, Inc.; THENCE
South 87'46'57" West, along said centerline of NW 5th Street, a distance of 332.64 feet;
THENCE North 02°13'03" West at right angles to the last described course, a distance of
35.00 feet to the Southwest corner of said Lot 11, Block 67N and the POINT OF BEGINNING;
THENCE North 02°16'10" West. along the Westerly line of said Lot 11, also being the
Easterly Right of Way line of NW 4th Avenue as shown an said Plat Book B at Page 41, a
distance of 140.03 feet to the Northwest corner of said Lot 11; THENCE North 87°48'04"
East. along the Northerly line of said Lots 11, 12, 13, 14, 15, and 16, a distance of 294.55
feet to the point of intersection with the Westerly Right of Way line of said State Road 925
/ NW 3rd Court, being a circular curve concave to the Southwest having as Its elements a
radius of 3,788.72 feet, a tangent bearing of South 04°09'27' East. a central angle of
01°35'33". and a chord bearing of South 03421'40" East: THENCE Southerly. along the arc
of said circular curve and along said Westerly Right of Way line of said State Road 925 I
NW 3rd Court for an arc distance of 105.30 feet to the point of non -tangency; THENCE South
02°21'O1" East, a distance of 11.69 feet to the point of curvature of a circular curve
concave to the Northwest, having as Its elements a radius of 23,00 feet, a central angle of
85°25'26", and a chord bearing of South 40°21'42" West: THENCE Southwesterly, along the
arc of said circular curve for an arc distance of 34.29 feet to the point of non -tangency;
THENCE South 87°46'57" West, along a line Eying 10.00 feat Northerly of as measured at
right angles to the Southerly line of said Lots 11, 12, 13, 14, 15, and 16, a distance of
275.44 feet to the POINT OF BEGINNING.
Ail of the foregoing Tying in Section 37. lames Hagan Donation, Township 54 South. Range
41 East, City of Miami. Miami -Dade County, Florida and containing an area of 41,321 square
feet (or 0.949 acres) more or fess.
THIS I5 NOT
A SURVEY
FLORIDA DEPARTMENT OF TRANSPORTATION
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
STATE ROAD NO, 925
MiAM1-DADE COUNTY
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SECTION 87040.102
SHEET 2 Of 3
Boo k317451Pag a 1033 C F N#20190802965
Page 14 of 19
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CURVE C1
A•01.35'33"
R=105. 0' SECTION 37
R=3,78RJ2'
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CURVE C2
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DETAIL „ C u
(JAMES HAGAN DONATION). TOWNSHIP 54 S., RANGE 41 E.
CITY OF MIAMI, MIAMI-DADE COUNTY, FL.
B DN OF THE NORTH (112) HALF OF BLOCK 67N OF
MtAM1 FLOR1DA DA OUNTY
. .
R-23.O0'
Curve C3
P.15TA.186+3 3.97
15" 15'29"(LT)
0.190'0O'
T=S11.63'
L-1,D17.20'
R.3.819.72'
P.C.STIL181t22,34
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W
17 . 13 12 51
100'(P) N87'48'04"E 46'(P} 40°IP)
LOT 11
N.W. CORER 'ORTHEfiLYrLINE
182+5' .41 OF LOTS 11.16
325.37'LT
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Scale: 1r = 50'
THIS IS NOT
[A SURVEY
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I °4„ ra, PRUVIDEO OF LOTS 11-16 5TA.180+77Ae
14Q RIW DC+CUITAEFfTS -_ SOUTHERLY uNa N8746.57"E■ `y
FLORIDA DEPARTMENT OF
TRANSPORTATION
SKETCH TO ACCOMPANY
LEGAL DESCRIPTION
327 4IT Ln 7th STREET (P1
i
se7146.57"W
N.W. 5th STREET
312.64'
51*1
P.O.C.
+7 2.39
5.00'RT
MAP OF MIAMI DADE CO, FLA. Inwrio—
(P.B. B, PG. 41) NOTE. (+)- PER MUNICIPAL ATLAS CITY OF MIAMI (36.B)
*1)- PER P.13,O.T. RIW MAP SEC, 87270-2426
STATE ROAD NO. 925
MIAMI-DARE COUNTY
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F.P. NO, WA SECTION B704; 02 j SHEET' 3 OF 3
Exhibit "D"
City of Miami
Certified Resolution
Book31745/Page1035 CFN#20190802965 Page 16 of 19
Exhibit "D"
City of Miami
Certified Copy
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 5926
Enactment Number: R-19-0311
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
BY A FOUR -FIFTHS (4f5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED
PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY
MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A,"
THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE
NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY")
PURSUANT TO SECTION 29-B(A) OF THE CHARTER OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, AND SECTION 18-182(C) OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE
REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A DECLARATION OF
RESTRICTIVE COVENANTS RUNNING WITH THE LAND ("COVENANT"), IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, MODIFYING THE
DECLARATION OF RESTRICTIVE COVENANTS ORIGINALLY APPROVED
PURSUANT TO RESOLUTION NO. 18-0497 TO ALLOW MIAMI-DADE
COUNTY ("COUNTY") TO CONVEY A CERTAIN PORTION OF THE
PROPERTY IDENTIFIED AS FOLIO NOS. 01-0106-070-2010, 01-0106-070-
2020, AND 01-0106-070-2060, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "D," ATTACHED AND INCORPORATED ("REMAINING PROPERTY"),
TO YWCA -MG HOLDINGS, LLC ("YWCA SUBSIDIARY"); FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY
AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND
MODIFICATIONS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
AS MAY BE NECESSARY FOR THE PURPOSES STATED HEREIN.
WHEREAS, pursuant to the Quitclaim Deed ("Deed") recorded March 15, 1991 at
Official Records Book 14938, Page 1719, the City of Miami ("City") conveyed to Miami -Dade
County ("County") the property legally described in Exhibit "B," attached and incorporated
("Original Property"); and
WHEREAS, the City conveyed the Original Property to the County for the purpose of the
County leasing said Original Property to the YWCA of Greater Miami -Dade, Inc., a Florida not
for profit corporation ("YWCA"), in accordance with restrictions and reverters as more
particularly described in the Deed; and
WHEREAS, the County complied with the Deed and leased the Original Property to the
YWCA, which built the Martha Sutton Weeks Women's Center and has occupied the Original
Property since such conveyance; and
WHEREAS, the City received a request from the County and the YWCA to release the
Deed restrictions to allow the conveyance of the Original Property, to the YWCA; and
WHEREAS, the County also received a request from the Florida Department of
Transportation ("FDOT") to donate a certain portion of the Original Property, as legally
City of Miami
Page 1 of 3 A-19-0311
Book317451Page 1036 CFN#20190802965
Page 17 of 19
File Number: 5926 Enactment Number: R-19-0311
described in Exhibit "C" ("Parcel"), for roadway and sidewalk improvements of State Road 925,
also known as Northwest 3`d Court ("Roadway Project"); and
WHEREAS, the City reiterates its full support of the YWCA's mission, dedicated to
eliminating racism, empowering women, and promoting peace, justice, freedom, and dignity for
all by providing services. programs, and affordable/low income housing for women, teens,
children, seniors, and families and to aiding and supporting other organizations operated
exclusively for charitable or educational purposes ("Intended Purposes"); and
WHEREAS, pursuant to Resolution No. 18-0497 adopted on November 15, 2018, the
City Commission authorized the City Manager to execute a Declaration of Restrictive Covenants
Running with the Land ("Covenant") allowing the County to convey the Parcel to FDOT and to
convey the remaining portion of the Original Property minus the Parcel to the YWCA; and
WHEREAS, the YWCA requested a modification to the Covenant to allow the County to
convey the Original Property minus the Parcel, as described in Exhibit "D," attached and
incorporated ("Remaining Property"), to the YWCA's wholly owned subsidiary, YWCA -MG
Holdings, LLC, a Florida not for profit corporation ("YWCA Subsidiary") ("Modified Covenant");
and
WHEREAS, the City's Administration requests, pursuant to the terms of the Covenant,
that the Modified Covenant be approved and that the conveyance be authorized;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. By a four -fifths (4l5ths) affirmative vote, after an advertised public hearing,
the City Manager's determinations, findings, and recommendations, attached and incorporated
as Exhibit "A," pursuant to Section 29-B(a) of the Charter of the City of Miami, Florida, as
amended, and Section 18-182(c) of the Code of the City of Miami, Florida, as amended, are
ratified, approved, and confirmed and the City Commission hereby waives the requirements for
said procedures.
Section 3. The City Manager is authorized' to negotiate and execute the Modified
Covenant, in a form acceptable to the City Attorney, to allow the County to convey the
Remaining Property, subject to the Modified Covenant, to the YWCA Subsidiary, the Modified
Covenant being a condition precedent to the conveyance, with reverters and restrictions as
more particularly described in the Modified Covenant.
Section 4. The City Manager is further authorized' to negotiate and execute any and all
necessary documents, including amendments and modifications, all in a form acceptable to the
City Attorney, as may be necessary for the purposes stated herein.
Section 5. This Resolution shall become effective immediately upon its adoption and
r The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
City of Miami
Page 2 of 3 R• 9 9-0311
Book317451Page1037 CFN#201938029E5 Page 18 of 19
OR BK 3174-5 PG 1038
LAST PAGE
File Number: 5926
Enactment Number: R-19-0311
signature of the Mayor.2
DATE: 7/25/2019
RESULT: ADOPTED
MOVER: Keon Hardman, Commissioner
SECONDER: Joe Carollo, Commissioner
AYES: Ken Russell, Wifredo (Willy} Gort, Joe Carollo, Manolo Reyes, Keon Hardemon
I, Todd B. Hannon, City Clerk of the City of Miami, Florida, and keeper of the records
there. , do he -by certify that this constitutes a true and correct copy of Resolution No. R-
19-; 1, wit .ttach �-nt3. , p.►.sed by the City Commission on 7/25/2019.
Ci Cfe Deputy Citjt Clerk
(f r Todd B.-Hannon, City
G )
August 27, 2019
Date Certified
2 If the Mayor does not sign this Resolution. it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. if the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami
Page 3 of 3 R-19-0311
Book317451Page1038 CFN#20190802965 Page 19 of 19