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Home My WebLink AboutExhibit BPrepared by: Ceasar Mestre Jr, Esq Law offices of Ceasar Mestre Jr, P.A. 7600 W. 20 Ave, Suite 220 Hialeah, Florida 33016. DECLARATIONS OF RESTRICTIONS "COVENANT" This Declaration of Restrictions "Covenant" executed this day of 2018 by Jose and Gisela Soberon. WITNESSETH: WHEREAS, the undersigned, Jose Soberon and Gisela Soberon, husband and wife, collectively, "Owner" are the fee simple owners of the following described property located in the City of Miami, Florida: Lot 4, Block 4, of Citrus Park, according to the plat thereof, as recorded in Plat Book 6, at Page 145, of the public records of Miami Dade County, Florida Property address: 1015 S.W. 29 Ave. Miami, Fl. 33135 "Property" NOW THEREFORE, for good and valuable consideration, the undersigned Owner hereby voluntarily covenants and agrees 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. The use of the Property shall be limited as follows: The Property shall consist of a two-level apartment building, consisting of a total of six apartments. The apartments shall be five two-bedroom apartments on the second floor and one one -bedroom located on the first floor. The nine parking spaces provided for on the property shall be on the first floor and covered. The entire project shall be in conformity with the preliminary site plans and elevations submitted and used for presentation before the City of Miami "City" Planning, Zoning and Appeals Board on June 6th, 2018. The preliminary site plans consisting of five pages are attached hereto. 3. Covenant Running with the Land. This Covenant is intended and shall constitute a restrictive covenant concerning the use, enjoyment, and title to the above-described 1 of 4 1015 S.W. 29 Ave., Miami, F133135 property and shall constitute a covenant running with the land upon recordation in the Public Records of Miami -Dade County, Florida. This Covenant shall remain in full force and effect and shall be binding upon the undersigned Owner, its (their) heirs, successors and assigns until such time as the same is modified, amended or released. The restrictions shall be for the benefit of, and a limitation upon, all present and future owners of the Property and for the public welfare. 4. Modification, Amendment, Release. This covenant may only be modified, amended or released by a written instrument executed by the then owner having fee simple title to the property affected or to be affected by such modification, amendment, or release; provided, however, the same is also approved by the City Commission of the City of Miami, or its successors, upon advertised notice and after a public hearing to be applied for and paid by the Owner, or as otherwise provided in the City Charter. Said modification, amendment, or release shall also be executed by the City Manager in a form acceptable to the City Attorney. 5. Terms 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 an initial period of thirty (30) years from the date this instrument is recorded in the public records 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 may have the right at any time during normal working house of the City'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 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 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 violation or to recover damages. This enforcement provision shall be in addition to any other remedies available under the law. 7. Severability. Invalidation of any one of these covenants by judgment or Court shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. 8. Recording. This Covenant shall be filed of record among the Public Records of Miami - Dade County, Florida, at the cost of the Owner within fifteen (15) days of acceptance by the City. The Owner shall furnish a copy of the recorded Declaration of the City Hearing Boards Division and the Planning Department within thirty (30) days of recordation. 9. Compliance. The use of the Property shall be in compliance with all ordinances, regulations, codes and charter of the City and applicable state and federal law and laws and regulations of Miami -Dade County, Florida. 2 of 4 1015 S.W. 29 Ave., Miami, FI 33135 IN WITNESS WHEREOF, we have hereunto set our hands and seals at this day of , 2018. Signed, sealed and delivered in our presence: Witness Print Name: Witness Print Name: STATE OF FLORIDA COUNTY OF NHANH-DADE JOSE SOBERON I HEREBY CERTIFY that the foregoing instrument was sworn to, subscribed, and acknowledged before me this day of , 2018, by JOSE SOBERON, who is/are [ ] personally known to me or [ ] who produced a as identification. NOTARY PUBLIC Signed, sealed and delivered in our presence: Witness Print Name: Witness Print Name 3 of 4 GISELA SOBERON 1015 S.W. 29 Ave., Miami, Fl 33135 STATE OF FLORIDA COUNTY OF NHANH-DADE I HEREBY CERTIFY that the foregoing instrument was sworn to, subscribed, and acknowledged before me this day of 52018, by GISELA SOBERON, who is/are [ ] personally known to me or [ ] who produced a as identification. NOTARY PUBLIC APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendes, City Attorney APPROVED AS TO CONTENTS: Francisco Garcia, Director Planning Department Devin Cejas, Zoning Administrator Office of Zoning 4 of 4 1015 S.W. 29 Ave., Miami, Fl 33135 P1 Asp < re196A1 q, S7 L9 D BUILDMG(0DAT4— YGNlG .K-. LOT a= x0%167 • amw 6F GFUXM FLR CIE APGRpYNT (I PVPRO 6)" a' .1665 Acme FLK Pjv APARRLRI6 n MW"' DETPIIY 36 WACM !6X JO" • 669 • 6 LHRH Ili%LOT GOVIRACC • 6Vi _ 4~ P• ROTILL a1X N•!WR'Cita !'IR�Np®. ��i41 of FAME +6 IIM X 16. 5�py�p, . 5 (H61DE PROPLFE6) GREEN AMA REQD . 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