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RESOLUTION NO. 2020 - 0
<br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
<br />ISLES BEACH, FLORIDA, APPROVING THE TERMINATION AND
<br />RELEASE OF RESTRICTIVE COVENANT FOR THE DECLARATION OF
<br />RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE RECORDED
<br />ON AUGUST 22, 2019 IN OFFICIAL RECORDS BOOK 31580, PAGE 204-207,
<br />PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA; AUTHORIZING
<br />THE CITY MANAGER AND CITY ATTORNEY TO DO ALL THINGS
<br />NECESSARY TO EFFECTUATE THIS RESOLUTION; AND PROVIDING
<br />FOR AN EFFECTIVE DATE.
<br />WHEREAS, Lloyd Bennett, 438 Poinciana Island Drive, Unit 1635 ("Prior Owner") and
<br />Beatriz C. Zahlene, 357 Poinciana Island Drive, Unit II I I ("Owner") recorded a Declaration of
<br />Restrictive Covenants in Lieu of Unity of Title on August 22, 2019 in Official Records Book
<br />31580, Page 204-207, Public Records of Miami Dade County, Florida (the "Restrictive Covenant"),
<br />against the real property legally described on Exhibit "A" to Attachment "A", attached hereto and
<br />made a part hereof (the "Property") in connection with their plans to develop the Property as a joint
<br />private docking facility; and
<br />WHEREAS, at the time of the recordation of the Restrictive Covenant, Prior Owner held
<br />title in fee simple in and to the real property to dock slip 438, as legally described on Exhibit "A" to
<br />Attachment "A"; and
<br />WHEREAS, on July 9, 2020, Prior Owner granted a Quit Claim Deed to Timothy R.
<br />Mullen, 434 Poinciana Island Drive, Unit 1626 ("Current Owner") of Prior Owner's right, title,
<br />interest, claim and demand which Prior Owner had in dock slip 438, as more particularly described
<br />in Exhibit "A" to Attachment "A", recorded on July 22, 2020, in Official Records Book 32016,
<br />Page 3204, Public Records of Miami Dade County; and
<br />WHEREAS, as a result of the Quit Claim Deed referenced above, the Restrictive Covenant
<br />needs to be released, and a new restrictive covenant will be recorded binding the Owner and Current
<br />Owner to the terms contained therein; and
<br />WHEREAS, Prior Owner and Owner now desire to terminate the Restrictive Covenant,
<br />which by its terms cannot be extinguished or terminated without the written approval of the City
<br />Commission of the City of Sunny Isles Beach ("City"); and
<br />WHEREAS, the Planning and Zoning Department has reviewed the request and has
<br />no objection; and
<br />WHEREAS, the City Commission hereby approves the Termination and Release of Restrictive
<br />Covenant, attached hereto as Attachment "A" and incorporated herein by reference.
<br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
<br />CITY OF SUNNY ISLES BEACH, AS FOLLOWS:
<br />Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified and
<br />confirmed as being true and the same are hereby made part of this Resolution.
<br />Section 2. Approval of Termination and Release of Restrictive Covenant The City Commission
<br />hereby authorizes the release and cancellation of the Declaration of Restrictive Covenants in Lieu of
<br />Unity of Title on August 22, 2019 in Official Records Book 31580, Page 204-207, Public Records
<br />of Miami Dade County, Florida, and further approves the Termination and Release of Restrictive
<br />Covenant, attached hereto as Attachment "A" and incorporated herein by reference.
<br />Section 3. Authorization of City Manager and City Attorney. The City Manager and City
<br />Attorney are hereby authorized to do all things necessary to effectuate this Resolution.
<br />Section 4. Effective Date. This Resolution shall become effective upon adoption
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