Ordinance 82-2323ORDINANCE NO. 82-2323
AN ORDINANCE OF THE CITY OF MIAMI
BEACH, FLORIDA AMENDING THE
COMPREHENSIVE PLAN OF THE CITY OF
MIAMI BEACH AND THE MAPS ATTACHED
THERETO BY EXCLUDING A CERTAIN
PARCEL OF LAND FROM THE RESIDENTIAL
0-24 UNITS/ACRE CLASSIFICATION AND
INCLUDING THE SAME IN THE COMMERCIAL
CLASSIFICATION; REPEALING ALL
ORDINANCES IN CONFLICT THEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
(MOULIN ROUGE 280 -41st Street)
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1: That the following parcel of land:
Lot 29; Block 3; Flamingo Terrace Subdivision; According to the Plat
thereof as recorded in Plat Book 10, at Page 3 of the Public Records of
Dade County, Florida; Less the Following: The northerly seven and one-
half (7%) feet of said Lot 29, and also that portion of the said Lot
Twenty-nine (29), bounded as follows: Commence at the northeasterly
corner of said Lot Twenty-nine (29); thence run in a westerly direction
along the northerly line of said Lot Twenty-nine (29) a distance of sixty-
five (65) feet to a point; thence deflecting to the left ninety (90) degrees
running in a Southerly direction seven and one-half (7Y2) feet to the point
of beginning of tract of land herein described. From said point of
beginning run in an easterly direction along a line parallel to the
northerly line of said Lot Twenty-nine (29) for a distance of sixty-five
(65) feet, more or less to a point on the easterly line of said Lot Twenty-
nine (29) to a point, which is fifteen (1.5) feet southerly of the northerly
line of Lot Twenty-nine (29), measured at right angles to said northerly
line of Lot Twenty-nine (29); thence westerly along a line for a distance
of sixty-five (65) feet, more or less, to the point of beginning; as said lot,
block and subdivision are shown on Plat recorded in Plat Book 10, Page 3,
of the Public Records of Dade County, Florida, and
be and the same are hereby excluded from the Residential 0-24 units/acre classification
and included in the Commercial classification of the Comprehensive Plan of the City of
Miami Beach. (MOULIN ROUGE - 280 -41st Street)
SECTION 2: All Ordinances or parts of Ordinances in conflict herewith be and the
same are hereby repealed.
SECTION 3: This Ordinance shall take effect 10 days after adoption,
on July 31, 1982.
ATTEST:
PASSED and ADOPTED this
CITY CLERK
1st Reading - July 7, 1982
2n Reading - July 21, 1982
RWP/MSL/rg
6/2/82
21st day of July , 1982.
MAYOR
62JUL 28 PH 2: 02 82R 1 70059
°`` 11511 Pc'1601
RESTRICTIVE COVENANT
PINE TREE FORTY-ONE CORP. as Lessee and LEO ROSE, JR., TRUSTEE as Owner,
hereby voluntarily covenant for themselves, their successors and/or assigns
that:
1. PINE TREE FORTY-ONE CORP. is the Lessee and LEO ROSE, JR., TRUSTEE
is the fee simple Owner of the following described real property, situated
in Dade County, Florida:
Lot 29, Block 3, Flamingo Terrace Subdivision; according to
the plat thereof, as recorded in Plat Book 10 at Page 3, of
Public Records of Dade County, Florida; less the following:
The northerly seven and one-half (7 1/2) feet of said Lot 29,
and also that portion of the said Lot twenty-nine (29) bounded
as follows: Commence at the northeasterly corner of said Lot
twenty-nine (29); thence run in a westerly direction along the
northerly line of said Lot twenty-nine (29) a distance of
sixty-five (65) feet to a point; thence deflecting to the left
ninety (90) degrees running in a southerly direction seven and
one-half (7 1/2) feet to the point of beginning of tract of
land herein described. From said point of beginning run in
an easterly direction along a line parallel to the northerly
line of said Lot twenty-nine (29) for a distance of sixty-five
(65) feet, more or less to a point on the easterly line of said
Lot twenty-nine (29) to a point, which is fifteen (15) feet
southerly of the northerly line of Lot twenty-nine (29), measured
at right angles to said northerly line of Lot twenty-nine (29);
thence westerly along a line for a distance of sixty-five (65)
feet, more or less, to the point of beginning; as said lot,
block, and subdivision are shown on Plat recorded in Plat Book
10, Page 3, of the Public Records of Dade County, Florida.
2. The Lessee, PINE TREE FORTY-ONE CORP. and the Owner, LEO ROSE,
JR., as TRUSTEE of the above property voluntarily covenant as follows:
PINE TREE FORTY-ONE CORP. will erect buildings on the above described real
property and that PINE TREE FORTY-ONE CORP. and LEO ROSE, JR., as TRUSTEE,
agree for themselves, their successors and/or assigns, that said buildings,
if utilized for residential purposes at all, will not exceed a density of
100 units per acre.
3. That it is expressly understood and agreed that the covenant con-
tained herein will operate as a covenant running with the land for the benefit
of any and all persons who may own, or who may hereafter own property within
400 feet of the exterior boundary of the above described property and to the
City of Miami Beach and such persons and the City are specifically given the
right to enforce the covenant contained herein through any proceedings, at
►i` .115.1-1. Pc'1602
law or in equity, against any person or persons violating or threatening to
violate such covenant, and to recover any damages suffered by them from any
violation thereof.
IN WITNESS WHEREOF, the parties have caused these presents to be executed
this A 1y of July, 1982.
filSigned,js. ed and • livered
lthe,4 es-nce o
fry../_
d i or,
(As to Owner)
STATE OF FLORIDA )
ss.:
COUNTY OF DADE
"Lessee"
PINE TREE FORTY -
a Florid
ORP.,
(SEAL)
Attes,�-� c4l
Assist. a -creta y
. -'
"Owner"
LEO ROSE, JR., AS TRUSTEE'
The foregoing instrument was acknowledged before me this 19 day of
July, 1982,A st v Dunaevsky and David Caridi , as
President an 7 ecretary of PINE TREE FORTY-ONE CORP., a Florid- corporation,
on behalf of the corporation.
My Commission Expires:
NOTARY PUBLIC STATE OF FLORIDA AT LARGE
MY COMMISSION EXPIRES APRIL 1 1985
BONDED IHRU GENERAL 1N51 UNQFQWAiiim
STATE OF FLORIDA
COUNTY OF DADE
ss.:
)
The foregoing instrument was
N
TARY PUBL
4.
acknowledged before
July, 1982, by LEO ROSE, JR., AS TRUSTEE.
My Commission Expires:
NOTARY Pam STATE OF FLORIDA AT LARGE
MY COMMISSION WIRES DEC. 30 1962
$ONDW nista) GENERAL INS . UNDERWRITERS
me this
15th day of
NOT
-2-
Y PUBLIC, State of Fip
• ICt•DEO IM Oii1CIAL •!O IDS 1006
Of DADI OOl'Nli, i1SR100.
▪ lce& vm•1iQ•
RICHARD P. BRI 1 QEF.
r CLERK CIRCUIT COURT
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