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City of Sunny Isles Beach <br />s <br />n 18070 Collins Avenue <br />Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 City Hall <br />F`'rr or so+ Fro (305) 949-3113 Fax <br />MEMORANDUM <br />TO: The Honorable Mayor and City Commission <br />VIA: Christopher J. Russo, City Manager <br />FROM: Claudia C. Hasbun, AICP, Planning and Zoning Director <br />DATE: 11 /19/2020 <br />Termination and Release of Restrictive Covenant from <br />RE: properties located at 438 and 357 Poinciana Island <br />Drive <br />RECOMMENDATION: <br />This Resolution is recommended for approval <br />REASONS: <br />A Declaration of Restrictive Covenants in Lieu of Unity of Title was <br />recorded on August 22, 2019 between Lloyd Bennett ("Prior Owner") <br />and Beatriz C. Zahlene ("Owner") in connection with their plans to <br />develop a joint private docking facility Poinciana Island. At the time of <br />the recordation of the Restrictive Covenant, Prior Owner held title in <br />fee simple to dock slip No. 438. <br />On July 9, 2020, Prior Owner granted a Quit Claim Deed to Timothy R. <br />Mullen ("Current Owner") of Prior Owner's right, title, interest, claim <br />and demand which Prior Owner had in dock slip 438. As a result of the <br />Quit Claim Deed referenced above, the Restrictive Covenant needs to <br />be released, so that a new restrictive covenant can be recorded <br />binding the Owner and Current Owner to the terms contained therein. <br />However, the existing Restrictive Covenant cannot be extinguished or <br />terminated without the written approval of the City Commission. <br />Therefore, the proposed resolution would approve the Termination and <br />Release of Restrictive Covenant, attached as Attachment "A". After the <br />Release and Termination, Owner and Current Owner will record new <br />Restrictive Covenant for dock slip No. 438. <br />ATTACHMENTS: <br />Description <br />Resolution <br />Termination <br />Restrictive covenant <br />Item Number: 10.1. <br />