Declaration of Rest. Covenants
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~[t: 15g82r~3422
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THIS INSTRUMENT PREPARED BY:
Lynn B. Lewis, Esq.
Lynn B. Lewis, P.A.
1101 Brickell Avenue
Suite 703
Miami, Florida 33131
93R349999 1993 JUL 15 11:38
DECLARATION OF RESTRICTIVE COVENANTS
THIS COVENANT is made and entered into this ~ day of July
1993 by USA EXPRESS, INC., a Florida corporation and by MICKY BISS,
as owners of the respective parcels of real property that are
described below (collectively "Owners") for the benefit of the City
of Miami Beach, Florida, a municipal corporation ("City").
WITNESSETH:
WHEREAS, USA EXPRESS INC. is the owner of the following
parcels of land situate in the city of Miami Beach, Dade County,
Florida:
Lots 4 and 5, Block 2, OCEAN BEACH
SUBDIVISION, according to the plat thereof
recorded in Plat Book 2, at Page 38 of the
Public Records of Dade county, Florida ("Lots
4 and 5"); and
WHEREAS, MICKY BISS is the owner of the following parcel of
land situate in the City of Miami Beach, Dade County, Florida:
,I
Lot 6, Block 2, OCEAN BEACH SUBDIVISION,
according to the plat thereof recorded in Plat
Book 2, at Page 38 of the Public Records of
Dade County, Florida ("Lot 6"); and
WHEREAS, the City has requested that the Owners convey to the
City the Easterly 15 feet of each of Lots 4 and 5 and of Lot 6, all
for the City's use for public purposes; and
WHEREAS, the City has proposed to deliver to the Owners, as
the sole compensation to be paid for their conveyances to the City
of such 15 foot strips along the easterly boundaries of Lots 4 and
5 and of Lot 6, the city's agreement that the Owners and their
successors shall be able to include the square footage of the
properties conveyed to the City as part of the floor area
calculations for Lots 4 and 5 and for Lot 6; and
WHEREAS, the Owners have agreed with the city'S request for
the conveyances and the manner in which the Ci ty proposes to
compensate the Owners for such conveyances.
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LYNN B. LEWIS. PROFESSIONAL ASSOCIATION. SUITE 703, TOWER. nOl BRICKELL AVENUE, MIAMI. FLORIDA 33131. TEL. 30S-374-0148 ~
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~t~: 15982r~3423
NOW, THEREFORE, for and in consideration of the sum of Ten
($10) Dollars and other good and valuable consideration, the Owners
agree as follows:
1. By not later than July 12, 1993, the Owners will execute
and deliver to the City the Deeds which convey to the city the
Easterly 15 feet of each of Lot 4 and 5 and Lot 6 and which are in
the form of Exhibit "A" attached hereto (the "Deeds").
2. The Owners' delivery of the Deeds is conditioned upon the
City's confirmation, in the form of a letter addressed to the
Owners and issued by the Director or Deputy Director, of
Development, Design and Historic Preservation Services of the City
that the consideration which the City is paying the Owners for the
conveyances reflected in the Deeds is the City'S agreement that:
f
(i) the easterly 15 feet of Lot 4 which is being
conveyed to the City in the Deed related to Lot 4 may be used in
calculating the floor area of that part of Lot 4 which is not being
conveyed to the City; and
( ii) the easterly 15 feet of Lot 5 which is being
conveyed to the City in the Deed related to Lot 5 may be used in
calculating the floor area of that part of Lot 5 which is not being
conveyed to the City; and
(iii) the easterly 15 feet of Lot 6 which is being
conveyed to the City in the Deed related to Lot 6 may be used in
calculating the floor area of that part of Lot 6 which is not being
conveyed to the City.
This letter issued by the Director or Deputy Director, of
Development, Design and Historic Preservation Services of the city
shall be delivered to the Owners by not later than July 15, 1993.
3. The provisions of this Covenant shall be effective for a
periOd of thirty (30) years from the date of the recording hereof.
Thereafter, the provisions shall automatically renew, for
successive ten (10) year periods, unless they are released,
modified or amended in accordance with Section 4 hereof. This
Covenant shall constitute a covenant running with the land and
shall bind and benefit each of Lots 4 and 5 and Lot 6 and the
owners thereof, until and unless the respective Lots 4 and 5 or Lot
6 are released from the Covenant pursuant to Section 4 hereof.
4. Any modification, amendment or release of this Covenant
shall be evidenced by a writing which sets forth the modification,
amendment or release. Such writing shall be signed by both the fee
2
LYNN B. LEWIS, PROFESSIONAL AsSOCIATION. SUITE 703. TOWER, U01 BRICKELL AVENUE. MIAXI, FLORIDA 33131. TEL 305-374-0148
~t~: I 5982rD3424
simple owner of whichever of Lots 4 and 5 and Lot 6 is sought to be
released or modified and by the Planning and zoning Director of the
city.
IN WITNESS WHEREOF, the Owners have set their hands and seals
the date first above written.
WITNESSES ~:S. INC. ~
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Print Name: Micky Biss, Pres1dent
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Micky Biss, an
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individual
Print Name:
Print Name:
STATE OF FLORIDA )
COUN~Y OF DADE )
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foregoing instrument was acknowledged before me thi.s ~
~ly, 1993 by Micky Biss, as President of USA EXPRESS, Inc.,
j ..i corporation, on behalf of the corporation. He is
,known to me and did take an ath.
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fFLORIDA )
~'..... :.",t<,:: /j~:'~:t':.'>:>'._ ~.~
COUN~~d'F DADE )
NOTARY PUBLIC STATE OF FLORIDA
NY COMMISSION EXP SEPT.20.1t94
BGrUD THRU GENERAL INS. UNO.
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foregoing instrument was acknowledged before me this ~~
'\.lly,' 1993 by Micky Biss, who is personally known to me and
.ke an oath.
NOTARY PlInuc STATE OF FLORIDA
MY COM~ISSION EXP SEPT.20.1994
3 BONDED THRU GENERAL INS. UNO.
LYNN B. LEWIS. PROFESSIONAL AsSOCIATION. SUITE 703, TOWER. nOl BRICKELL AVENUE. MIAMI. FLORIDA 33131. TEL. 3015-374-0148
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Itetarn 10: (inelott .....8ddressed sUmped envelope)
.... John Delagloria, Esq.
Legal Dep3rtment City of Miami Beach
~: Miami Beach City Hall
1700 Oonvention Center Drive
Miami Beach, Florida 33139
~f[: I S982r~3425
thIt ~ "'..... by: Lynn 8. Lewi!>. PA
__. 1'.0' Brickell Avenue
. SUIre 703. Tower
Miami, F/or ida 33131
Folio No. 02-4203-003-0190
EXHIBIT "A"
SPAcf AIOVt THIS llllE FOR PROCESSING DATA
.,ACt IBM Tli1i llllf FOilIlEQllllllile DAd
1ItI$ eult-Oalm JJetd, Execu'ed '''IS Jay of
USA EXPRFSS, INC., a Florida corp:>ration,
first par'y. '0 CI'lY OF MIlIMI BEACH, a Mtmicipal corp:>ration,
,A. b. 1993 ,(,,.
who$e pO$lofflce a,ltIr"$$ Is 1700 Convention Center brive, Miami Beach, FL 33139
$econd parly:
(Wbtrenr UHd herf'in the .e'.... "'int part,." .1Id "secoad part,." ..0 Inr:tude ......., Inri plural, i..iFl. ......
repr6tntativtl, and api!!IERs of individual., .ftd the 1Uc::c::euon ...d 1liiiI'M of eorpon.ioal. whirewr the conk.'
so admit, or rt:quire..)
ltfltRtsstth, Tlml I/'e said lir$1 par'y./or and in cori$ldera'loli ofl"e sum 0/ $10.00 .
in han.1 1'01.1 b,. I/'e $01.1 $econd parly. ,he receIpt w'",""of.s herelty ac~now'edgecl, does "ereby r.ml$e. re-
leau and qull-daim un'o '/'e .ald .econJ parly forever. all I"e r'g"l. IUle. 'nlere.1. claim and dertfaltd w"'ch
Ihe $ald flrsl parly "a. In and 10 Ihe fo/towlrig de$crlbed /01. piece or parcel of/and. $lIlUlle. lying and lnl"lt
'n Ihe Counly of Dade S'ale of Florida . lo-wll:
East 15 feet of Lot 4, Block 2, OCEAN Bl!'AcH SUBDIVISICN,
according to the Plat thereof, recorded in Plat Book 2, at
Page 38 of the Public Records of Dade County, Florida
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'!HIS CONVEYANCE IS MADE FOR PuBLIC PURPOSES CM.Y.
10 )taut and to )told '''e $ame loge'''"r with all and .Inllu/..r '''e appurfenance$ Ih"reunlet
1,p'onglng or in anywise apperlainlng. and all Ihe "sla/". rlghl. liI/e, In'eresl.li"n, "qully and cla'm whll'-
SOPllpr of II." said firs/ "arl)'. elll.pr In law or equity. '0 I'.., on/,. proper we. I,enefll and behoof of Ihe $ald
.econd parly for""",.
In lttltness ltthertof, Th" $ald f'rsi par'y "0. 5ignpd and s"a/"d I"e$e pr".en's I"e dllY and year
firs' al,o"e wtiU"n.
Signed. sell/ed and delivered In pre$"nce of:
. u..... U"",' .n.._......n............ 0.............. -... ..on..... uo_n. ..... -'"
USA EXPRESS, INC., a Florida corporation
_~_:____.__....._.....____m.___..____._._..._.._.._____'''''''_____..---.--:--....
Micky Biss, President
P.o.~~.._g?!J.3.1.._.~I...~..~~_U_L__._..
STATE Of fLORIDA.
COUNTY Of DADE,
}
I HEREBY CERTIfY that on this day, before Ine. ah
offi<.. dilly .lIthori,.d in th. Stat. .lor.sald and in the County .for.said 10 lake acknowledllmenU, personally appeared
MickV Biss as President of USA Express, Inc., a Florida corp:>ration,
who 1S personally known to me and
to me known to he- thto prnon described in and who eXf:f:uted the tort:'going instrumd.t and he 8.cknowlt.'dged
before me Ih.t he ex.cuted the same. on behalf 0:1: the corporation.
WITNESS my hand and of Ii rial .e.1 in the County and Stale tast aloresaid Ihi. day of
July
A. D. 1993.
.......................................................................................................
(Printed Natne)
Relum 10: (Inclo.. sell.ltldressed stamped envelope)
Ibllli John Delagloria, Esq.
· a. Legal Department City of Miami Beach
Mdtw: Miami Beach City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
gf[: r 5982f~3426
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ThIs Instrim-.t "...eel by:
l yrm B Lewis. PA
.....: 1101 Bricl(cll "venue
Suite 703, lower
Miami. Florida 33131
EXHIBIT "A"
Folio No. 02-4203-003-0200
IrAcl: AIOI/f THIS LINE fOR PAOCmINtl DATA
PAcE .~ nI1S i.1ili FOIl MeOlllMllG DhA
l1tl$ tluit-Oaim Jttd, Ex..cul.." II.IS Jay of
USA EXPRESS, INC., a Florida corporation,
firtl party, 10
. A. D. 1993 .",
CI'IY OF MINH BEACH, a Mtmicipal corporation,
w"os.. poslol/Ic.. adJr.." is 1700 Convention Center Drive, Miami BeaCh, Florida 3j139
s..conJ porly:
(Wh..r~ver UH'd herrin the ten'll' Ufint lJarty'. .ad "1<<01ad put,U shall h.ctude sin...... .... ,....... bei.... let"
representative.. and ap,illln, of .ndividuls. .itd the sucl[t5lOn and anitn. of eo:-poratiOlI.. whtrevft' lhe conle.'
10 .dmit~ nr requirC'Il.)
1Cfilntssdh, 1'1.01 ,I... salt' fIrst poriy. for onJ In consid..ralfon of II... SUII'I of $10.00 .
In I.onJ poiJ ,"y 1ft.. soiJ s..conel parly. I~e receipl wl...reof is I.er..by ac'nowreJgeel. elOf!S heref>y nimlse. re-
lease and qull-doim unlo II... saiel s..conJ porly for..ver, ol.II"e rigl.l. lide. tnleresl. claim and demdnd w"lcft
I"e sold firsl parly I.os tn and 10 I".. fol/owlng descrlf>..d 101. pl..ce or parcel of land. situal... lying an" hetng
In I"e Counly of tede Slole of Florida . la-wit:
a
East 15 feet of Lot 5, Block 2, OCFAN BEACH SUBDIVISION,
according to the Plat thereof, recorded in Plat Book 2, at
Page 38 of the Public Records of Dade Cotmty, Florida.
nus crnvEYANCE IS MADE
FOR PUBLIC PURroSES oo...Y.
to )taUt and to )told Ifte some logelr...r Ulfl~ all and singular Ir.e appt,rlmances Ir...,eunlo
,"elonglng or in any"''''' opp..rlalning. onel all I"e ..slole. rin"', 1I11e, Inl..resl. II..n, equity and claim w"al-
soel'..r of II... .oid firsl porly, ellfter In low or equfly, 101ft" only proper use. benefit ooel be"oof of Ir.e salel
second porly for,ver.
In 1tfitntSs 1Cfhtftof, TI... Mid firsl porly "os slgn..d and s..ol..d these ".esenl. Ihe do, ond year
Ilr.1 of>olJe ",till..n.
Signed. ...ol..d onel J..livered in pre.ence of: USA EXPRESS, INC., a Florida corporation
'~':r-1iCRy''B:rSS';'''PfeSiaefit'''''''''''''''''''''''''''-
.1::'.,.9.. .~~...tl~n.~,-...~,....n,..3.JJll..........
STATE OF FLORIDA.
COUNTY OF
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I HEIlElY CEIlTIFY that on this day, belor. m., an
ollierr r1uly au,hori7.ed in the State aforesaid and In the Cou nty alore.aid to take acknowledgments, penonally appeared
Micky Biss as President of USA Express, Inc., a Florida corporation,
who is personally known to 100 and
to m~ known to h.. tht, pruon df'snibed in and who r::x~cuted the fon'going instrument and he l:("knowl~dJ{ed
before me that he execut.d the same.
WITNESS my hand and olficial sral in the County and State la.t aforesaid thi.
July A. D. 19 93.
day 01
(Printed NaIre)
ft ...
.:.. '~,
RetulR to: (ent'se sell-addressed Sllmped ellvelopel
..... John Delaglori.a, Esg.
Legal Department City of mami Beach
Ad"'...: Miami Beach City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
~[t: 15982r~3427
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ThIs Instrwment Prlll..ed by:
tynn B. Lrwi-;, P../\
Addt...: 1101 !l,ic~cl! '.l!r~llIlP,
SlJife 70T Tewel
Miami, r1(l1ida 33131
EXHffiIT "A"
Folio No. 02-4203-003-0210
SPAct AIlOvt T"IllUNE rOIl PIlOC!SSING OATA
SPACE AIIOVf THIS UNE lOR IIfCOIllIIIIO \lATA
lhis f!uit-{(a{m Bud, Ex..cul..J Ihis
MICKY BISS, a single man,
Jay of
, A, D. 19 93 . Ly
flr51 parly, 10
CITY OF [\"l.l\HI BFACH, a ~1unicipal corporation,
wI,,,... "o,'offic.. ,,,I./r...... i.. 1700 Convention Center Drive, Miami Beach, Florida 33139
...c"nd par',,:
(Whf'ff'\"U ultd h~"f'in th" tf'rms "fint party" and "M'~CtDd pa..ty" ,hall inr.lude si"lular .nd plural, heirt. 1ea.1
t4'I,r4'M'ntatili<l!:!r., and ,,~~irrn5 III indh-irh.al., and ,he 'UCCf'lit.OU .ad .'si~n~ ~f cn:-pnratinn!l, wh~re~r lhe conlcx'
liO admil!i ,., rf'quiff'S.)
1tfitfltsstlh, T'"" "... soi,' firsl porly. for 0""ill con.ld,.rolion of "... .um of $10.00
in honJ "aid 1,:1' ",.. soiJ ....conJ porly, "... r..ceipt ...10 ..r..of i. ',..r..',y aclmoUJ'..JfleJ. does h.....Ly 'emI5", re-
'pa... and ..,,,ilcloim ""'0 I'... .oiJ ...co"J parly fore,,,,,, 01/ 110.. righ... III I... Int..,e5t, claim anJ JemanJ whlc"
,he .",..1 ffrsl "orly "A. I" anJ 10 II,e fol/owlng Je.cri!...J 'aI, "I..ce or porce' of '0",1. .lIual... 'ylng anJ being
In Ihe C"unly of Lade Stole of Florida . to-wll:
East 15 feet of Lot 6 , Block 2, OCEAN BEArn SUBDIVISr<Jol,
according to the Plat thereof, recorded in Plat Book 2, at
Page 38 of the Public Records of Dade County, Florida.
nus CONVEYANCE IS MADE
FOR PUBLIC PURroSES OOLY.
.COIDlO IN Of' IC'AL <<.COUI.
0' OliO! COUNTY, fLOR.DA.
.1ICOIa VP.fllO
!'. f HARVEY RUVIN
, ' .~ CURIC C'ICUR cou.r
,',",'
1.11' .4' .
R .E COD E ~ S N 01' E:
The legitli!ity of writing, typing Of' printin<< Ullieti
factc;y ill th:s document when received.
To ltaut and to ltold 110" .ame loge,h.., wilh 01/ "".I .ingu'or 110" 0""",lenonce5 thereunlo
',..'o"gi"fI or h. ....,.wis.. """..rloi";"g, anJ 01/ Ihe ..sta'". rifl"'. liI'e, inlere.l. Ii..". "'lully anJ claim what.
.o......r of ,,... .0iJ fi.., ""rl)" ..iI',..r in law or ....,ully. '0 110" only pmper U'''. 1,......111 and behoof of ,he 501,1
sf"cond po,.')' forr"t'r.
In 1tfitntss ltfhtftof, Th" .aic"ir51 porI,. has .ign"J ond '''01....1 110"." pre,enls 110" Jay anJ year
Jir,~l nhol'P written.
Sign..J, '''0'''..1 "'", .1..riller..J in "re5ence of:
.Micky.sIss;.......... ...............................................-
P. o. }3(JJC..1.~.~?~.~~..~~'...~...3.~.1.~~..........
STATE OF FLORlDA,
COUNTY OF DADE,
}
I HEREBY CERTIFY that on rhis day, b.rore me, an
arof('"aid to lalee acknowlf'd~menh, personally appr:ared
offirn nuly 3uthori7(.d in thr Stat!.. aforrsaid' and in the Cou nty
Micky Biss, a single man,
who is personally known to me and
to nw kl1o,,,'n to hr tlll' p,'non dl'~nih('d in and who exrcuted
bdure me that he I'xr{'utf"d the 'ame.
\"'JTNF.SS my h:\ncl :tnd oHirial 5~al in the County and State ta~t a(or~'!3icl this
the forrgoing jn~trunlrnt and
he
a.C'"knowlcd~ed
day of
July
A. D 19 93.
(Printed Name)
t
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MICKY 0155
July 30, 1993
John Dellagloria, Esq~
Chief Deputy City Attorney
Legal Department, City of Miami Beach
2025 BRICKELL AVENUE. UNIT 1403 . MIAMI, FLORIDA 33129
HAND DELIVERED
RE: Portion of wts 4,5 & 6, Block 2, OCEAN BEACH SUBDIVISION
Dear Mr. Dellagloria:
As you mow, in connection with the resolution to the matter pertaining to the Floor
Area Ratio calculations for the above referenced lots, the City of Miami Beach
requested that I and USA Express, Inc. provide the City with Quit-Claim Deeds to the
East 15 feet of these 3 lots along with a Declaration of Restrictive Covenants. Said
instruments were delivered by m to your office on July 12, 1993.
On July 13, 1993 you instructed m, by way of your letter of same date, to cause these
instruments to be recorded. Said recording was done on July 15, 1993.
I have received from the recording office the original recorded documents and I am
hereby delivering them to your office.
'1
Enclosed herein are:
1) Quit-Claim Deed to the East 15 feet of Lot 4 - ORB 15982, Pg 3419
2) Quit-Claim Deed to the East 15 feet of wt 5 -- ORB 15982, Pg 3420
3) Quit-Claim Deed to the East 15 feet of wt 6 -- ORB 15982, Pg 3421
4) Declaration of Restrictive Covenants & Exhibits ORB 15982, Pg 3422
I am also enclosing the original receipt showing that I paid, on behalf of the City, for
the recording of these documents the total anDunt of $48.30. Since this payment is an
obligation of the City, if you wish to arrange for reimbursement same will be accepted
and appreciated..
I believe that the delivery of these recorded documents to your office concludes the
items needed to be taken care of in this matter and, once again, I thank you for all of
the cooperation you extended to m.
Micky Biss
RECEIPl'
I hereby confirm receiving on this date: the 3 original recorded deeds mentioned above,
the original recorded Declaration of Restrictive Covenants and attached Exhibits
mentioned above and an original receipt from the Clerk of the Court in the anDunt of
$48.30.
Name
Date
<i