M E M O R A N D U M
To: Honorable Mayor and Town Council
From: Rafael G. Casals, Town Manager
Date: July 16, 2014
Re: RC-2014-008: Second Amendment to Declaration of Restrictive Covenants in Lieu of Unity of Title
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A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, APPROVING A SECOND AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE, BY SOUTHLAND MALL PROPERTIES, LLC. LOCATED AT 20505 SOUTH DIXIE HIGHWAY; AND PROVIDING FOR AN EFFECTIVE DATE.
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BACKGROUND AND ANALYSIS
On May 15, 1998, a Declaration of Restrictive Covenants In Lieu of Unity of Title was recorded in the Public Records of Miami Dade County at OR Book 18105, Page 0540 (the "Covenant") on the property located at 20505 South Dixie Highway (Attachment "A"), which provided that the Property was intended to be developed as a Business Use. Earlier this year, Southland Mall Properties, LLC submitted a conditional use application to expand the list of uses permitted on the Property to include education facility use.
On March 19, 2014, after a duly noticed public hearing, the Town Council adopted Resolution # 14-20 (Attachment "B") approving the conditional use on the Property, subject to eleven (11) conditions to which, the property owner stipulated and agreed to.
Condition number five (5) within Resolution # 14-20, reads as follows:
"(5) Applicant must obtain Town Council approval of a revision to the Declaration of Restrictive Covenants in Lieu of Unity of Title for the subject property to include this conditional use prior to operation of the educational facility."
As per Town Resolution # 14-20, the property owner has applied for a modification of the Covenant. Town staff has advertised the Notice of Public Hearing and has Posted the said property (Attachment "C").
RECOMMENDATION
Staff recommends APPROVAL of the Second Amendment to the Declaration of Restrictive Covenants ...
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