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Volsky: City Attorney didn't do her homework

A 1968 covenant indicates that the present trustees of the Baptist Church are legally restricted from leasing church property for commercial purposes, even though business entities, like Somerset, operate a school.
A 1968 covenant indicates that the present trustees of the Baptist Church are legally restricted from leasing church property for commercial purposes, even though business entities, like Somerset, operate a school.

By George Volsky
georgevolsky@aol.com

The following is the  text of the covenant which Elizabeth Hernandez,  the Coral Gables city attorney should have found and read before giving the Somerset Gables Academy a certificate to use the premises of the University Baptist Church:

                               “5862 – 548 
DECLARATION OF RESTRICTIVE COVENTANT.
KNOW ALL MEN BY THESE PRESENT3:
WHERAS, JAMES M. MARKLEY, OLIVER HOOVER  AND IRA C. HAYCOCK,  as Trustees of the UNIVERSITY BABTIST CHURCH of Coral Gables, Florida, are the owners of the fec simple title to the following described property situated in the City of Coral Gables, Florida:

All of Block 116, Country Club Section No. 6, according to the Plat thereof recorded in Plat Book 20 at Page 1 of the Public Records of Dade County, Florida;
AND WHEREAS, the said Trustees are the owners of the Church Building  and Parsonages situated upon the above described property, and it is the desire of the said Trustees to erect a covered passage-way (awning  type) adjacent to and connected with the building on Lot 16;

NOW THEREFORE,  in consideration of the premises and of the issuance by the City of Coral Gables, Florida, of a building permit for the erection of patio slated awnings as a covered walkway according to plans submitted, the undersigned do hereby declare and agree as follows:

1. That the said property will not be leased, or rented or used in violation of any of the ordinances of the City of Coral Gables now in effect and hereinafter enacted.

2. That none of said Block 116, as above described, upon which the said covered walkway is to be situated she be conveyed, mortgaged, or leased separate and apart of each other, and they will be held together as one track.

The undersigned hereby declare that this said covenant is intended to and shall constitute a restrictive covenant concerning  the use, enjoyment and title to  said Block 116 above described, and shall  be binding upon the said Trustees and their successors and assigns.

IN WITNESS THEREOF,  the said JAMES M. HARKLEY, OLIVER HOOVER and IRA C. HAYCOCK,  as Trustees of the UNIVERSITY BAPTIST CHURCH OF Coral Gables, Florida, thereto set their hands and seals this 29th day of February  1968.
(Signatures of the three Trustees and three Witnesses, notarized by a Notary Public, and registered under numbers 5862 and 549 in the Office of the Clerk of Dade County.
 
The above covenant indicates that the present trustees of the Baptist Church are legally restricted from leasing church property for commercial purposes, even though   business entities, like Somerset, operate a school.  This is what Hernandez should have pointed out to Somerset representatives when they first approached her for a city license.

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