HomeMy WebLinkAboutExhibit BPlease 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 COVENANT IN LIEU OF
UNITY OF TITLE
KNOW ALL MENBY THESE PRESENT that the undersigned, Ransom Everglades School,
Inc. (hereinafter, the "Owner") hereby makes, declares and imposes on the land herein described,
this Declaration of Restrictive Covenant in Lieu of Unity of Title (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, Ransom Everglades School, Inc. is the owner of those certain properties
located at 3551, 3552, 3575, and 3695 Main Hwy, and 3171, 3173, 3175, and 3183 Royal Road in
the City of Miami, Florida, (together, the "Property"), more particularly described on Exhibit "A,"
attached hereto and incorporated herein; and
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Owner hereby agrees as follows:
1. The Owner of the Property hereby agrees and declares that (i) for the purpose of this
Declaration the Property shall be considered as one plot and parcel of land, and (ii) so long as this
instrument shall remain in effect, any and all conveyances or transfers of all or any portion of the
Property by the Owner, its grantees, successors and assigns, shall be subject to the terms and
restrictions of this Declaration as if any such grantee, successor, or assign, were a party hereto or
a signatory hereof.
2. The provisions of this instrument 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 such recordation, after which time they shall be extended automatically
for successive periods of ten (10) years each, unless released in writing by the following: (i) then
owners of the Property (or if any portion of the Property has been submitted to the condominium
form of ownership, then by the association established to operate the condominium in lieu of all
of the owners thereof) AND (ii) the Zoning Administrator, and Directors of the Departments of
Public Works, Planning and Zoning and Building of the City of Miami, subject to the approval of
Page 1 of 9
the City Attorney as to legal form, or their respective designees or successors, upon the
demonstration and affirmative finding that the same is no longer necessary to preserve and protect
the Property for the purposes herein intended.
3. The provisions of this instrument may be amended, modified or released by a written
instrument executed by the following: (i) then owners of the Property (or if any portion of the
Property has been submitted to the condominium form of ownership, then by the association
established to operate the condominium in lieu of all of the owners thereof and the joinder of any
mortgagees(s) if there are any mortgages on the Property) and provided same is also approved by
the Zoning Administrator and the Directors of the Departments of Public Works, Planning and
Zoning, and Building of the City of Miami, and in a form approved by the City Attorney.
4. Enforcement shall be by action against the parties to this Declaration or persons
violating or attempting to violate any covenants in this Declaration or the then Owners 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.
The violations may also be enforced by City Code, Chapter 2, Article X, entitled Code
Enforcement.
5. 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.
6. All rights, remedies and privileges granted herein shall be deemed to be 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.
7. In the event of multiple ownership subsequent to the approval of the covenant in lieu of
unity of title, each of the subsequent owners shall be bound by the terms, provisions and conditions
of this covenant. Further, except for sales to condominium owners, the owner agrees that it will
not convey portions of the subject property to such other parties unless and until the owners and
such parties shall have executed and mutually delivered, in recordable form an instrument to be
known as an "easement and operating agreement" which shall contain, if applicable:
(i) Easements in the common area of each parcel for ingress to and
egress from the other parcels;
(ii) Easements in the common area of each parcel for the passage
and parking of vehicles;
(iii) Easements in the common area of each parcel for the passage
and accommodation of pedestrians;
(iv) Easements for access roads across the common area of each
Page 2 of 9
parcel to public and private roadways;
(v) Easements for the installation, use, operation, maintenance,
repair, replacement, relocation and removal of utility facilities in
appropriate areas in each such parcel;
(vi) Easements on each such parcel for construction of buildings
and improvements in favor of each such other parcel;
(vii) Easements upon each such parcel in favor of each adjoining
parcel for the installation, use, maintenance, repair, replacement
and removal of common construction improvements such as
footing, supports and foundations;
(viii) Easements on each parcel for attachment of buildings;
(ix) Easements on each parcel for building overhangs and other
overhangs and projections encroaching upon such parcel from
adjoining parcel such as, by way of example, marquees, canopies,
lights, lighting devices, awnings, wing walls and the like;
(x) Appropriate reservation of rights to grant easements to utility
companies;
(xi) Appropriate reservation of rights to road rights-of-way and
curb cuts;
(xii) Easements in favor of each such parcel for pedestrian and
vehicular traffic over dedicated private ring roads and access roads;
and
(xiii) Appropriate agreements between the owners of the several
parcels as to the obligation to maintain and repair all private
roadways, parking facilities, common areas and common facilities
and the like; and
(xiv) The "Easement and Operating Agreement" shall be recorded
by the Applicant/ Owner and a copy furnished to the Directors of
the Department of Public Works, Planning, Zoning, and Building
of the City of Miami, or their respective designees or successors.
Waivers, modifications and amendments to the Easement and
Operating Agreement shall require such written City of Miami
approvals in a legal form approved by the City Attorney.
8. This Declaration shall be recorded in the Public Records of Miami -Dade County at the
Owner's expense within ten (10) days of its acceptance by the City of Miami. The City of Miami
Page 3 of 9
shall be promptly furnished with a recorded copy of this Declaration within thirty (30) days of
recording.
[Signature Page to Follow]
Page 4 of 9
Signed, witnessed, executed and acknowledged this day of 12017.
Name: Rodolfo Prio Touzet
Title: Chair, Ransom Everglades School, Inc.
Witnesses
Print Name:
Print Name:
STATE OF FLORIDA )
) SS
COUNTY OF MIAMI-DADE)
The foregoing instrument was acknowledged before me this day of
2017, by
Personally Known
Type of Identification Produced
as
or Produced Identification
Page 5 of 9
of .
Print or Stamp Name:
Notary Public, State of
Commission No.: N/A
My Commission Expires:
Signed, witnessed, executed and acknowledged this day of 12017.
Name: Rodolfo Prio Touzet
Title: Chair, Ransom Everglades School, Inc.
Witnesses
Print Name:
Print Name:
STATE OF FLORIDA )
) SS
COUNTY OF MIAMI-DADE)
The foregoing instrument was acknowledged before me this day of
2017, by
Personally Known
Type of Identification Produced
as
or Produced Identification
Page 6 of 9
of .
Print or Stamp Name:
Notary Public, State of
Commission No.: N/A
My Commission Expires:
APPROVED AS TO FORM AND
CORRECTNESS:
VICTORIA MENDEZ
City Attorney
APPROVED:
FRANCISCO J. GARCIA
Director of Planning
APPROVED:
JUVENAL SANTANA
Director of Public Works
APPROVED:
DEVIN CEJAS
Zoning Administrator
APPROVED:
JOSE S. CAMERO
Director of Building Department Departments
Page 7 of 9
EXHIBIT A
LEGAL DESCRIPTION
Page 8 of 9
Address
Legal Description
Folio Numbers
Lot Size
1
3552 MAIN HWY
Roberts Sub PB A-21
01-4121-011-
9,556 SQFT
BEG SE COR NE 1/4 SW 1/4 NW TO E
0020
B/L HWY SW TO S/L NE 1/4 SW 1/4 E
TO POB
LOT SIZE 10000 SQUARE FEET
2
3575 MAIN HWY
MUNROES PLAT
01-4131-045-
402,267.6
DB D-253
0180
SQFT
LOT 13 LESS TRIAN POR NW OF CO
RD
LYG SE OF MAIN HWY ANS SUB
LAND
LYG SE TO BLKHD/L SUB LAND
CONTG & LESS NWLY30FT FOR R/W
LOT SIZE 9.79 AC M/L
3
3695 MAIN HWY
THE ROYAL GARDENS PB 20-3
01-4121-049-
20,325.3 SQFT
LOTS 12 & 13 LESS SWLY 5 FT FOR
0720
R/W BLK 7
LOT SIZE IRREGULAR
4
3171 ROYAL
THE ROYAL GDNS PB 20-3
01-4121-049-
9,100 SQFT
ROAD
LOTS 11 BLK 7
0711
LOT SIZE 100.000 X 91
OR 19251-4268 04 2000 1
5
3173 ROYAL RD
21 54 41
01-4121-049-
6,387.3 SQFT
THE ROYAL GDNS PB 20-3
0710
LOT 10 LESS SELY30FT BLK 7
LOT SIZE 70.000 X 91
6
3175 ROYAL RD
21 54 41
01-4121-049-
11,540.3 SQFT
THE ROYAL GDNS PB 20-3
0690
LOT 9 & SELY 30FT OF LOT 10
BLK 7
LOT SIZE IRREGULAR
7
3183 ROYAL RD
THE ROYAL GARDENS PB 20-3
01-4121-049-
8,820.3 SQFT
LOT 8 BLK 7
0680
LOT SIZE 100 X 91
OR 18155-4074 0598 6
8
3551 MAIN HWY
21 54 41
01-4121-000-
302,527 SQFT
BEG SE COR OF NE 1/4 OF SW 1/4 N
0130
ALG E/L OF NEI/4 OF SWI/4 TO
INTER WITH SELY/1 OF MAIN HWY
& POB NELY ALG SELY/L OF
INGRAHAM
HWY TO ITS INTER WITH ELY/L OF
LOT 1 OF ROBERTS SUB PB A-21 S
ALG ELY BDRY LINES OF LOTS 1 &
Page 8 of 9
Page 9 of 9
14
TO SE COR OF LOT 14 OF ROBERTS
SUB PB A-21 W TO SWLY BDRY/L OF
LOT 12 OF MUNROES PL OF GOV LOT
1
AS PER DB -D AT PAGE 253 NWLY
ALG
SWLY/L OF LOT 12 TO ITS INTER
WITH E/L OF NEW 1/4 OF SWI/4 N
ALG
E/L OF NEI/4 OF SWI/4 TO THE POB
& PART LOT 12 OF MUNROES PL OF
GOV LOT 1 AS PER DB -D PAGE 253
LYG SELY OF CITY RD &
SUBMERGED
LAND LYG SELY & CONTIGUOUS
0.76
AC TIIF DEED NO. 24396
LOT SIZE IRREGULAR
OR 17836-3490-3495 0997 1
COC 25440-0820 02 2007 4
Page 9 of 9