R-2022-11RESOLUTION NO. 2022-11
A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI
SHORES VILLAGE, FLORIDA, APPROVING THE
RELEASE OF THE DECLARATION OF COVENANT,
CONDITION AND RESTRICTION IN CONNECTION WITH
THE PROPERTY LEGALLY DESCRIBED IN EXHIBIT "A;"
PROVIDING FOR IMPLEMENTATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Declaration of Covenant, Condition and Restriction (the
"Declaration") entered into by the Village, attached to Ordinance No. 435-81 and recorded
in Official Records Book 11301 at Page 1503 in the Public Records of the Miami Dade
County, restricted the use of the property, legally described in Exhibit "A" (the "Property"),
to only a commercial banking business; and
WHEREAS, paragraph 4 of the Declaration provides that the Village may terminate
the restriction imposed by the Declaration; and
WHEREAS, the Village is willing to release the Declaration on the Property so that
the Property can be used for any of the permitted uses in the B-1 zoning district; and
WHEREAS, the Village Council has determined that it is in the best interest of the
Village to approve the Release of Declaration of Restrictive Covenant Condition and
Restriction in substantially the form, attached as Exhibit "B."
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF MIAMI SHORES, FLORIDA:
Section 1. Recitals Adopted. The foregoing recitals are incorporated in this
Resolution as if fully set forth herein and made a part hereof by reference.
Section 2. Approval of Release of Unity of Title. That the Release of
Declaration of Restrictive Covenant, attached as Exhibit "B" by the Village for the property
legally described in Exhibit "A," is hereby approved.
Section 3. Implementation. That the Village Manager or designee is
authorized to take any action necessary to implement the Agreement and the purposes
of this Resolution.
Section 6. Effective Date. This resolution shall be effective immediately
upon adoption.
PASSED AND ADOPTED THIS i:L_ day of�. 2022.
ATTEST:
APPROVED AS TO FORM:
SANDRA HARRIS
MAYOR
WE MAN COLE+ BIERMAN P.L.
VIL 2
Exhibit “A”
LEGAL DESCRIPTION:
From the point where the South line of N.E. 92nd Street intersects the Westerly line of Biscayne Boulevard,
according to the Plat of SHORES CENTER, recorded in Plat Book 49, Page 42, of the Public Records of
Miami-Dade County, Florida, run in a Southwesterly direction along said Westerly line of Biscayne
Boulevard, a distance of 52.07 feet to a concrete monument in said Westerly line of Biscayne Boulevard,
for a Point of Beginning. Thence continue in said Southwesterly direction along the Easterly line of Tract
"A" of said SHORES CENTER, a distance of 140.15 feet to the Southeast corner of the parcel of land herein
described; Thence Westerly, parallel with the North line of said Tract "A", a distance of 200.00 feet to
the Southwest corner of the parcel of land herein described; Thence Northerly along a line perpendicular
to said North line of said Tract "A", a distance of 150.00 feet to the Northwest corner of the parcel of
land herein described; Thence Easterly along said North line of said Tract "A", a distance of 268.14 feet
to the point of tangent of a curve having a radius of 25 .0 feet; Thence along the arc of said curve for a
distance of 56.16 feet, more or less, to the Point of Beginning.
Property address: 9190 Biscayne Blvd., Miami Shores, FL 33138
This instrument was prepared by, and after recording return to:
Weiss Serota Helfman Cole + Bierman, P.L.
ATTN: Chanae Wood, Esq.
200 East Broward Blvd., Suite 1900
Fort Lauderdale, FL 33301
(space reserved for Clerk of Court)
RELEASE OF DECLARATION OF RESTRICTIVE COVENANT
This Release of Declaration of Restrictive Covenant is made and entered into on
____________ ___, 2022 by the Miami Shores Village, Florida, a municipal corporation
existing under the laws of the State of Florida (the “Village”).
WHEREAS, a Declaration of Covenant, Condition and Restriction, recorded in
Official Records Book 11301 at Page 1503 in the Public Records of Miami Dade County
(the “Declaration”), was entered into in favor of the Village, with respect to the real
property legally described in the attached Exhibit “A” (the “Property”); and
WHEREAS, the Declaration restricted the use of the Property against all purposes
which are otherwise allowable under B-1 classification, as defined under the Schedule of
Restrictions, Code of Ordinances number 270, except that the Property could only be
used as a commercial bank; and
WHEREAS, the Declaration was entered into and recorded to preserve and protect
the desirability of the Property and to otherwise preserve the integrity of the Zoning
Ordinance of the Village; and
WHEREAS, the Declaration provides that it may be terminated by the Village; and
WHEREAS, the Village Council finds that the Declaration is no longer necessary;
and
NOW, THEREFORE, in consideration of the foregoing and along with other good
and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Village hereby acknowledges and agrees that as of the date hereof:
1. Recitals. The foregoing Recitals are true and correct and are hereby incorporated
herein by reference. All exhibits, to the extent applicable, are hereby incorporated
herein by reference and deemed to be a part hereof.
2. Release. The Declaration of Covenant, Condition and Restriction, recorded in Official
Records Book 11301 at Page 1503 in the Public Records of Miami Dade County,
Florida relating to the Property as described therein is hereby released, declared to
2
be of no further legal force or effect, and null and void on the Property. The Clerk of
the Circuit Court of Miami-Dade County, Florida is hereby directed to note the same
upon the records.
Witnesses:MIAMI SHORES VILLAGE
_______________________By: ______________________
Signature Esmond Scott
Village Manager
________________________
Print Name
________________________
Signature
________________________
Print Name
Approved as to legal sufficiency:
By: _________________________
Weiss, Serota, Helfman, Cole, + Bierman
Village Attorney
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me by means of physical
presence or online notarization, this ___ day of _________, ____, by
___________________________, who is personally known to me or who has produced
_________________________________________ as identification.
_________________________________________
[NOTARIAL SEAL]Print
Name:_______________________________
Notary Public, State of Florida
Commission
#:_____________________________
My Commission
Expires:_____________________