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Home My WebLink AboutExhibit BDocument 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): 01-3125-019-0790 (Space Above for Recorder's Use Only) DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS ("Declaration"), made this day 12th of June, 2023, by Educationem Consulendis Enterprises Inc., a Florida for profit corporation, having a principal address at 3465 NW 2nd Avenue, Miami, FL 33127 ("Owner"), in favor of the City of Miami, Florida, a municipality of the State of Florida ("City"). WITNESSETH: WHEREAS, Owner holds fee -simple title to certain property in the City of Miami, Florida, located at 136 NW 35 Street, legally described in Exhibit "A" attached hereto and made a part hereof ("Property"); and WHEREAS, Owner has filed an application with the City requesting to change the Property's zoning classification from T4-R to T5-O and a companion application to amend the Future Land Use Map of the Miami Comprehensive Neighborhood Plan from Medium Density Multifamily Residential to General Commercial (collectively referred to as the "Application"); Declaration of Restrictive Covenants Folio No(s): 01-3125-019-0790 WHEREAS, Owner voluntarily proffered the Declaration in connection with the Application; and WHEREAS, the City Commission voted to adopt the Application, following duly noticed public hearings, subject to the restrictions set forth in this Declaration; 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 and Development Restriction: Notwithstanding the adoption of the Application and the subsequent change of zoning to T5-O, the Owner shall comply with the following restrictions on the Property: a. The height of any building on the Property shall not exceed four (4) stories and a maximum of fifty (50) feet to top of roof slab, as building height is measured consistent with the Miami 21 Zoning Code ("Miami 21"). b. The Property's use shall be restricted to residential uses and/or 2 Declaration of Restrictive Covenants Folio No(s): 01-3125-019-0790 educational uses permitted in the T5-O transect zone, pursuant to NRD-2 standards incorporated in Section 4, Table 1, Appendix P of Miami 21. c. Property shall be developed in substantial conformity, as determined by City staff, to the concept plans attached hereto as Exhibit "B" ("Plans"). d. Owner shall present to the City a plan to improve Roberto Clemente Park located at 101 NW 34th Street, Miami, Florida with one or more tennis court(s), playground(s) and ancillary recreational uses; all of which shall incorporate sensory and mobility sensitivities (the "Donated Improvements"). If accepted by the City, the plan of improvement shall be purchased, installed and donated to the City at the Owner's sole cost and expense at a valuation of no less than five hundred thousand ($500,000.00) dollars and no more than two million ($2,000,000.00). In the event that the City elects to forgo the Donated Improvements, Owner shall make a financial contribution to the City of one hundred thousand ($100,000.00) dollars for City constructed improvements at Roberto Clemente Park. 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. 3 Declaration of Restrictive Covenants Folio No(s): 01-3125-019-0790 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 a period of twenty (20) years from the date this instrument is recorded in the public records. 5. Inspection and Enforcement. It is understood and agreed that any official City inspector may have the right at any time during normal City working hours 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 or any resident located within a five -hundred -foot radius of the Property boundaries 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 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 the Property only after the occurrence of a public hearing 4 Declaration of Restrictive Covenants Folio No(s): 01-3125-019-0790 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 the 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 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 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 5 Declaration of Restrictive Covenants Folio No(s): 01-3125-019-0790 IN WITNESS WHEREOF, the undersigned has set his hand and seal this r!b day of June, 2023. Witnessed by: Educationem Consulendis Enterprises Inc.,, a Florida corporation Name: Name: By:, J Iandel, its e/P_5°s STATE OF FLORIDA) ) COUNTY OF MIAMI-DADE) ss: The foregoing instrument was acknowledged before me, by means of physical presence OR online notarization, this 126 day of June, 2023 by before me, is personally known to me or produced He personally appeared --__ as identification. Name: U%/,'e -r V. f.'/e. Notary Public, State of Florida Commission No. My commission expires: 6 Declaration of Restrictive Covenants Folio No(s): 01-3125-019-0790 APPROVED AS TO CONTENTS: Lakisha Hull Planning Director Daniel Goldberg Zoning Administrator APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, Esq. City Attorney 7 Declaration of Restrictive Covenants Folio No(s): 01-3125-019-0790 Exhibit "A" Lot 5, Block 5, of Wynwood Park, according to the plat thereof as recorded in Plat Book 5, Page 23. Public Records of Miami -Dade County, Florida, less the North 5 feet thereof. 8 Exhibit "B" /V.I/K 35th STREET SOB:N90°00'00"E )97' TOTAL RIGHT-OF-WAV 22' ASPHALT PVMT. 'VALLEY GU -occa, 6.50' ASPHALT PIAT CONC CORE? CXx:7 )V0 CAP LOT 6 ; --- BLOCK - 5 I 0 i (b 05 Q (5.0' CONC. SIVK 204.55' 145AILEY NO, eCLE 3/1 PROPOSED SITE PLAN - SCOPE OF WORK i cas UTILITY LOT -4 BLOCK- 5 SITE PLAN / GROUND FLOOR KEY NOTES cCDPERTELEE. ® 'ErtUETIPTL'Er 0 nc-cr. ainvoNant, DENICHSD COD 0 =0.7(EVITSWITT="grtOZTD'irt?"'g ralLE411,14E6C,E,AS%010110( %Sr FORCERS DOORS TOGS :=EFS'EDVE'D=T'C'TDETI 'CTSF SPCA= rat7 7-0 ACCESSIBLE ROUTE 0 DEFFSONCRETE CAM. SITE AND BUILDING DATA: SCOPE OF WORK SEIS FADS, CDNSICT NEW. MEREST, MAST CEO BUILD A Is= 37T00.1"'"WOIDTT7 ,,,o.rfly4peR Gm, TEE nanoucnn•rint. F rtycou =VDU TOW THE GRADES 1 THRL STE THE WILDING EILL 3E CELT LEGAL DESCRIPTION, ADDRESS AND FOLIO SOMA 01.112,419,370 LEGAL DESCRIED!. ES SSC WYNCWOOD PARE PS &HUM IS BLS LOT SM S4000% .,2061 IRDEED, CDCFESE OTEWS5THST. DEMI, STIRS ZONING DISTRICT a1310(5 0=1:171:1=00 0 riMokIZZsIstazzni,RoFtik. act.. CowinoL TO. PROPOSED USE CD =CI= Z= o' e=.1%Tri 'on oZT rt.,7X.D C) Nen r Akita., e nreEn.11,V, orevE..a. 0 0 DEDCEID,OR REDA/RED CUED luTER ma.. puma FCC Ell,. ® ECCARAFTERPTOrEcEEDOSEITH FROFONDOCEDvT. 0 EEC ELECTRICAL SsETEAD REVERTS ELECTRICAL CANE 0 SEVERS aSEEDSIONS STSTESE.DEFER TO MEE END CIVILFLANS FASEZDER5g6:::,DPILTil.707., APORTSTI%2/nrgg EE METAL GUARDRAIL PROFILE ME EICI.1 TOSE SELECTED DCOMF-E 0 E/Tr ;FACE ESCLOSSEETO REMAIN. COODDICATE Odff SCOPE' GROW 'S.' RESSENIVE AS MI ESC SEDDON SID 101011 BUILDING AREA LOT OCCUPATION LTD COVED/EC CREEMCCEI SPADE REDDIFES PFOviDec SOD WC 6SE ICE LOC.., NM SOD SETBACKS RESEIRSC PREICIPAL FRONT IOW DICE BUILDING MAX HEIGFIT MOCKED rIST SLEd, MAXECAt CROWDED DANDED1 BUILDINDDEIDST 3 STORES NVED 'STORES ES, FLOOD PLAIN INFORMATION FETIDNESS. AREASLOCACED OUTSEC SEMI. FLOODEAZARD PARKING CALCULATIONS PROVIOFD tgua7,1,11.:A.:1 SI. ARMEE cl TABLE DENSITY, INFECETV AND PARKED FEE ;11.:=C7,,Ilfgr,E=ATSCREODDECASCNCONNTETDE SNARED PAR.Tin NOTE: THIS SITE ELM RCS DEED PREPARED USW CS REFERENCE THE PROMS, EDNEY TIO'CTS'Zr "rtTO'BrE".%1EntA'"TE'F' INCORRECT ISECEDIATION .Rovio. To THE kFuninmCT.'mo. RELVING Reco. DocAIENT PRE EMBED IC CST. INDEFENOSIT VERIFIEFT.1 rts ACcuRacr. CHANGE IN ELEVATIONS E1=1 FY-PC 101. CHAPTER 7, SECTION 71.8.2 & AND FHCA SECTIPN 313.3 uaxlmuki CHANCE Dl CLEVATPN Aµ S.M. DOORS ON BOTH SEES OF A DiJ02411,111.,411...1t VPXY 1:11,401. MAW, RAiSED THEMES., AT OCISESOPFIDNOS SHOLLUOT EXCEEDS, -EVE. EIEVELE0 CHANGES INLEVEL cERFICCO SECTENSDESD ECK 1C, SECTION IA reddesign group architecture . interiors . planning Vieul rt. W.< 13[5.352.024 .1.242,01. CADVDE20.132,000037 CONSULTANTS iof,s,,,,utts...ss scal 40& ESRPOS 1:4537C31347 11be00amd0314neemozln 01.114.15 Strudur4DesIgn.LIC ernat lanyeaopMcorn ::.14134.1527.T411, FA,X.:10,..19.21e19 13635 WHITE BUILDING 136 NW 35TH ST MIAMI, FL 33127 Mc, PEMAIT SET Shoo. Information VW° ROG-rob nharibw 4SEP-22 Znte 1.1,144,,Et fw! .M14 PROPOSED SITE PLAN SCOPE OF WORK (50434 A-0.1 Ci PROPOSED NORTH ELEVATION SCALE: 3/16" = 1,0" — -TL Level Level 1 (2-) PROPOSED SOUTH ELEVATION SCALE 316° = ELEVATIONS KEY NOTES 0 OEF;P=.'Ig`5,11'-'W`',7411;1`,WV:filZI „IfEW ZOOLL, SEFIES tkOS n.11/1.ciumst WOO. VEFOCO. ® VERTICAL GrilttES SYSTEM. SCOFE TO lie WOO, SEPARATE OTTONALLOO.TEOLIONTTOTU.S AROUND FtLa 9UT.M.O3FALADES. ;pry. ow, ToTuTtL ;..ONTRACTORuTO ENOME PROME PROI,OY TWO, MOOT., AO TOT rENEOUTION TO OVUM Roll,. NATER Le.o.iINTROSPON. TOR 2D*, S1S_, Lovel RfSI TOW 3 Level Level 1 red design group architecture . interiors . planning CONoULTAhro MVO Conualth, Ootroos,I.LC olollotootTgooloeglooracto OpOnueSinoluolOoqn,l.“ T80.NO ooTOOTT Soo AO,OT,LooT ConTo Taria P.E. r7::,1111 13635 WHITE BUILDING 136 NW 3STH ST MIAMI, FL 33127 nOE ;HOOT O'r rOGJTIOTollo. Su. Shoot Intonation 2,TIE ,THOWN WITT Lt OA, TOT EWA Th PROPOSED EXTERIOR ELEVATIONS A-2.0 NW MI PROPOSED EAST ELEVATION SCALE: 3/1 "o' - 1• n^ PROPOSED WEST ELEVATION SCALE: 3/16" = Do wesia 9' 2" _Tep of Paraa4_, & Level4 Tcp of the_ Roo(Slab Level TALON,. Sr 26'-4' Level _Top of lhe3La� Level __ Nsn tlCoo -6" vJ __Top of Parapet_ Leval4 _Top orale Se_s'i , Level _7spprma stab Level __?�otilte Slab _� q.. a. Level, __Finish Fbor ELEVATIONS KEY NOTES OotNER FEWTavt o.]aR.>teF0.E.ufo RdsHTOBE SUECIeoav mGtHE PCa�£pR m V.vyl rvvEs aM yT11EOVL_c wnL1, Flea: Qy owPvovw ro�mxirvn nwvssesiCMo ew �''� � �'�wrv�axeso of Re�nEv�uowWaix�ivu xenap:ussx icees¢eGeo evcrvtiFa. a ro red design group architecture . interiors . planning so,e�na'a`"a�` esoz nnsowew ra zakara, ��e_CONSUL'ANF$. VS. AllarniLales. If ;IOW 13635 WHITE BUILDING 136 NW 35TH ST MIAMI, FL 33127 Rnhannla Sheet lntnrrration evne nne PROPOSED EXTERIOR ELEVATIONS Shoet A-2.1