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HomeMy WebLinkAboutSubmittal at PZAB 09-21-16 Covenant(Ref. 15-2326) This instrument was prepared by and after recording return to: Name: Javier L. Vazquez, Esq. Address: Berger Singerman LLP 1450 Brickell Avenue Suite 1900 Miami, Florida 33131 (Space reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (this "Declaration") made this _ day of 2016, by 24 T' AND 17TH AVENUE VENTURE, LLC (hereinafter referred to as the "Owner"), is in favor of the CITY OF MIAMI, FLORIDA, a municipality located within the state of Florida (hereinafter referred to as the "C�"). WITNESSETH WHEREAS, Owner owns the property located at 1665 NW 24st Street, Miami, Florida 33142 and 2401 NW 1.7th Avenue, Miami, Florida 33142 (collectively, the "Prima Property") as more particularly described in attached Exhibit A; and WHEREAS, Owner awns the property located at 1547 NW 24th St, Miami, FL and 1548 NW 26th St, Miami, FL (collectively, the "Supporting Property"; the Primary Property and the Supporting Property are collectively referred to in this Declaration as the "Pro e ") as more particularly described in attached Exhibit B; and WHEREAS, on , 2016, the Miami City Commission (the "Commission") heard the Owner's applications requesting: (i) an amendment to the Comprehensive Plan re -designating the Supporting Property from "Duplex Residential" to "Low Density Restricted Commercial" (the "Comprehensive Plan Amendment") on the City's Future Land Use Map; and (ii) a rezoning of the Supporting Property from T3 -L (Sub Urban — Limited) to T4 -L (Urban General — Limited) (the "Change of Zoning"); and Folio Numbers; 01-3126-000-0110, 01-3126-002-0010, 01-3126-007-0100, and 01.3126-007-0010 7359441-3 WHEREAS, the PZAB voted in favor of recommending approval of the Comprehensive Plan Amendment and the Change of Zoning subject to certain conditions on the use of the Property; WHEREAS, the Owner is desirous of proffering and malting a voluntary, knowing and informed binding commitment to assure that the Property must 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 a covenant running with the land and binding upon the Owner of the Property, and its heirs, successors and assigns as follows: Section 1, Recitals. The recitals and findings set forth in the preamble of this Declaration as well as the Exhibits referenced therein are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Property Use Considerations. The Owner makes the following commitments regarding the conditions imposed by the Commission: (a) The Supporting Property shall be used solely for parking to support that certain Sedano's Supermarket located on the neighboring Primary Property (the "Sedano's Supermarket"). The parking shall be used only by employees, invitees, licensees and customers of Sedano's Supermarket. No other commercial establishment, business, office or other property will be allowed to use or access the parking situated on the Supporting Property. (b) Notwithstanding the covenants provided in Miami 21 related to landscaping, the Owner hereby proffers that a six (6) foot wall will be constructed between the Supporting Property and the neighboring residential parcels located to the east of the Supporting Property. In addition, the Owner will landscape a six (6) foot wide buffer with mature fishtail palm trees, twelve (12) feet in height, centered every four (4) feet throughout the total length of the buffer, Said buffer will be fully irrigated to ensure maintenance and growth of the palm trees in an effort to mitigate any impact of parking use on neighboring residential parcels. The wall 2 Folio Numbers: 01.3126-000-0110, 01-3126-002-0010, 01-3126-007-6100, and 01-3126-007-0010 7359441-3 and the mature fishtail palm trees and any other approved buffer will be maintained in a satisfactory condition by the Owner. (c) Furthermore, the Owner hereby proffers that all service and/or delivery trucks shall only use the ingress and egress driveway located on north side of the Primary Property facing NW 26"' Street (the "Driveway") and no service and/or delivery shall be conducted on the Supporting Property. Said Driveway shall be enclosed as to limit visibility by the neighboring residential parcels. Section 3. FIfective Date. The provisions of this Declaration shall become effective upon their recordation in the Public Records of Miami -Dade County, Florida, and shall continue in effect for a period of thirty (30) years after the date of recordation, after which time they shall be continuously and automatically extended for successive period of ten (10) years. This instrument shall constitute a covenant running with the land and title to the Property, which shall be binding upon the Owner, its heirs, successors, vend.ees and assigns. Section 4. Applicable Law & Venue j_ Florida law will apply to interpretation of this instrument. Venue in any civil actions arising under this instrument shall be in Miami -Dade County, Florida. Each party shall bear their Own attorney's fees. Section 5. Amendment and Modification. I I his instrument may be modified, amended, or released as to any portion or all of the Property by a written instrument executed by the then Owners 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 Commission after a public hearing, in which all advertising, notice, application, and public hearing expense shall be paid by the Owner. Any modification, amendment or release is additionally subject to the approval of the City Attorney as to legal form. Arly such modification, amendment or release shall not relieve the Owner of compliance with those parking requirements set forth in Miami 21, as amended and any subsequent Zoning Ordinance, and applicable to the Sedan's Supermarket. Section 6. Inspection and Enforcement. An enforcement action may be brought by the City by action in law or in equity against any party or person violating or attempting to violate any covenants of this Declaration, or provisions of the City, County or applicable regulations, 3 Folio Numbers; 01-3126-000-0110,01-3126-002-0010,01-3126-007-0100,,itid01-3126-007-0010 7359441-3 either to restrain violations or to recover damages, This enforcement provision shall be in addition to any other remedies available under the Law, Section 7. Severability._ Invalidation of any one 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. Scetion 8. Recordin f. This Declaration shall be promptly fled of record. among the ubl.ic Records of Miami -Dade County, Florida, at the cost of the Owner, within 30 days of the City Commission's final adoption of the Change of Zoning and the Comprehensive Plan Amendment, The City of Miami Planning and Zoning Director will be fur riished. a recorded copy by the Owner within ten (10) days of this Declaration being recorded. Section 9. Runs with the Land. It is expressly understood and agreed that this instrument shall be binding upon Owner and also heirs, successors in interest, vendees, or assigns of Owner, and shall be a condition implied in any conveyance or other instrument affecting the title to the aforesaid property or any portion thereof. Section 10. Compliance with laws. In construction and maintenance of the parking provided for in this Covenant the Owner shall comply with all applicable codes, laws, rules and regulations and obtain all required permits and approvals at its own cost and expense, 4 Folio Numbers; 01-3126-000-0110, 01-3126-002-0010,01-3126-007-0100, and 0,1-3126-007-0010 7359441-3 ACKNOWLEDGMENT CORPORATION Signed, witnessed and acknowledged on this _ day of _, 2016. Witnesses: 24TH AND 17TH AVENUE VENTURE, LLC Signature Print Name Signature STATE OF COUNTY OF By: Tide: Authorized General Manager / Managing Member Address: The foregoing instrument was acknowledged before me by , the of 24th and 170' Avenue Venture, LLC, on behalf of the limited liability company. He is personally known to me or has produced as identification. Witness my signature and official seal this day of 2016, in the County and State aforesaid. Notary Public State of My Commission Expires: Print Name Polio Numbers: 01.3126-000-0110, 01-3126-002.0010, 01-3126.007-0100, and 01-312.6.007-0010 7359441-3 APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria M&ndez, City Attorney APPROVED as to Miami2l: t Francisco J. Garcia, Planning and Zoning Director Folio Numbers; 01-3126-000-0110, 01-3126-002-0010, 01-3126-007-0100, and 01-3126-007-0010 7359441-3 EXHIBIT A Legal Description Primary Property The West 235,00 feet of the North 1/2 of the South 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section 26, Township 53 South, Range 41 East, lying and being in Miami -Dade County, Florida, Tax Folio No. 01-31.26-000-0110 AND The West Half of that portion of dedicated alley adjacent to said Parcel, And All of 'Tract 1, of Plat of Plumber's Hall, according to the Plat thereof, as recorded in Plat Book 51, Page 85, Public Records of Miami -Dade County, Florida. Tax Folio No. 01-3126-002-0010 Polio Numbers; 01-3126-000-0110, 01-3126-002-0010, 01-3126-007-0100, and 01.3126-007-0010 7359441-3 EXHIBIT B Legal Description Supporting Property TAX FOLIO 01-3126-007-0100 Lot 14 and the West 1/2 of Lot 13, in Block 1 of "CENTRAL ALLAPATTAH EXTENSION", according to the Plat thereof, as recorded in Plat Book 41, at Page 27, of the Public Records of Miami -Dade County, Florida. AND The East Half of that portion of dedicated alley adjacent to said Lot 14, Block 1 TAX FOLIO 01-3126-007-0010 Lot 1 and the West 1/2 of Lot 2, in Block 1 of "CENTRAL ALLAPATTAH EXTENSION", according to the Plat thereof, as recorded in Plat Book 41, at Page 27, of the Public Records of Miami -Dade County, Florida. AND The East Half of that portion of dedicated alley adjacent to said Lot 1, Block 1 Polio Numbers; 01-3126-000-0110, 01-3126-002-0010, 01-3126-007.0100, and 01-3126-007-0010 7359441-3 PLANNING, ZONING AND APPEALS BOARD Department of Planning and Zoning Auxiliary parking, area of applicability: MAAPA'MA ekod waier ft -A 0 'g `6 b'w i�w Of DOWNTOWN 0— sw 09 We.— Man 3 a74 CGRALWAY NOPTHEAST �}Y�£1��r��� CR PLANNING, ZONING AND APPEALS BOARD Department of Planning and Zoning Auxiliary parking, area of applicability: