HomeMy WebLinkAboutSubmittal-Javier Vazquez-Declaration of Restrictive Covenant-Version 4This 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
Submitted into the publi
rec°�jtc'°flCity Clerk
(Space reserved for Clerk)
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (this "Declaration") made this day of
2016, by 24TH 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
WITNESSETH
WHEREAS, Owner owns the property located at 1665 NW 24st Street, Miami, Florida
33142 and 2401 NW 17th Avenue, Miami, Florida 33142 (collectively, the "Primary
Proper ") as more particularly described in attached Exhibit A; and
WHEREAS, Owner owns 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 "Property") as more
particularly described in attached Exhibit B; and
WHEREAS, on
2016, the Miaini 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: 01-3126-000-011.0,01-3126-002-0010,01-3126-007-0100,and 01-3126-007-0010
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WHEREAS, the Commission 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 making 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 arc 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 Supennarket located on the neighboring Primary Property (the "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 an eight (8) 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.
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Folio Numbers: 01-3126-000-0110,01-3126-002-0010, 01-3126-007-0100, and 01-3126-007-0010
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(c) Furthennore, 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 26th 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. Effective 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, vendees and assigns.
Section 4. Applicable Law & Venue; Attorney's Fees. Florida law will apply to
interpretation of this instrument. Venue in any civil actions arising under this instrument shall be
in Mianii-Dade County, Florida. Each party shall bear their own attorney's fees.
Section 5. Amendment and Modification. This 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 forin. Any 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 Sedano'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,
either to restrain violations or to recover damages. This enforcement provision shall be in
addition to any other remedies available under the law.
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!olio Numbers: 01-3126-000-0110, 01-3126-002-0010, 01-3126-007-0100, and 01-3126-007-0010
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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.
Section 8. Recording. This Declaration shall be promptly filed of record among the
Public 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 furnished 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 pen -nits and approvals at its own cost and expense.
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Folio Numbers: 01-3126-000-0110, 01-3126-002-0010,01-3126-007-0100, and 01-31264)07-0010
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ACKNOWLEDGMENT CORPORATION
Signed, witnessed and acknowledged on this day of , 2016.
Witnesses:
Signature
Print Name
Signature
STATE OF
COUNTY OF
24TH AND 17TH AVENUE VENTURE, LLC
Title: Authorized General Manager
/ Managing Member
Address:
The foregoing instrument was acknowledged before me by , the
of 24th and 17`h 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
County and State aforesaid.
My Commission Expires:
Notary Public State of
Print Name
Folio Numbers: 01-3126-000-0110, 01-3126-002-0010, 01-3126-007-0100, and 01-3126-007-0010
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2016, in the
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
Victoria Mendez, City Attorney
APPROVED as to Miami2l :
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
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Submitted into the public
EXHIBIT A record f r ite s) F Z
on City Clerk
Legal Description
Priinary Property
The West 235.00 feet of the North 112 of the South 1/2 of the Northwest 1/4 of the
Southwest 114 of Section 26, Township 53 South, Range 41 East, lying and being in
Mial<ni-Dade County, Florida.
Tax Folio No. 01-3126-000-0110
0011
The West Half of that portion of dedicated alley adjacent to said Parcel.
All of Tract 1, of Plat of Plumber's Hall, according to the Plat thereof, as recorded in
Plat Boob 51, Page 85, Public Records of Mialni-Dade County, Florida.
Tax Folio No. 01-3126-002-0010
Folio Numbers: 01-3126-000-0110,01-3126-002-0010,01-3126-007-0100, and 01-3126-007-0010
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EXHIBIT B Submitted into the public
record f r it m(s) _ ,
Legal Description an City Clerk
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 I
TAX FOLIO 01-3126-007-0010
Lot 1 and the West 112 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
Folio Numbers: 01-3126-000-0110,01-3126-002-0010,01-3126-007-0100, and 01-3126-007-0010
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