Reso 2021-3197 - Laserfiche WebLink

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RESOLUTION NO. 2021 - 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA ("CITY"), APPROVING A SUBORDINATION AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") FOR THE NORTHWEST CORNER OF 175TH STREET AND COLLINS AVENUE OF THE PARCEL WITH FOLIO NUMBER 31-2211-004- 0320, LOCATED AT 17550 COLLINS AVENUE, SUNNY ISLES BEACH FLORIDA; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution No. 15-Z-154 and Resolution No. 16-Z-157, the City of Sunny Isles Beach ("City") approved the site plan application submitted by the applicant, 17550 Collins Avenue, LLC ("Owner") for the property located at 17550 Collins Avenue, Sunny Isles Beach; and WHEREAS, pursuant to the above referenced resolutions, the City and the Owner entered into Declarations of Restrictions and Grants of Easement which were recorded on January 10, 2019 in Official Records Book 31285, Page 4826, and on March 13, 2019, in Official Records Book 31363, Page 3235, Public Records of Miami Dade County ("Declaration and Grant of Easements"); and WHEREAS, the Declaration and Grant of Easements, among other things, primarily provides for a 10-foot (10') wide Landscaping Streetscape Easement, requiring that the Owner maintain said easement with the type and size of plant materials as set forth in the City's Streetscape Master Plan; and WHEREAS, Florida Department of Transportation ("FDOT") now requires a small portion of the Landscaping Streetscape Easement, located on the northwest comer of 175"' Street and Collins Avenue, which is as legally described on Attachment "A" (the "Property"), for purposes of public transportation, however, it is encumbered by the above referenced Declaration and Grants of Easements; and WHEREAS, the Owner has dedicated the Property to FDOT, and FDOT is now requesting that the City execute the attached Subordination Agreement, whereby the City would agree that the Declaration and Grant of Easements as it relates to the Property, would be subject and subordinate to the property rights of FDOT; and WHEREAS, the Development Services Department has reviewed the request and has no objection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified and confirmed as being true and the same are hereby made part of this Resolution. Section 2. Approval of Subordination Agreement. The City Commission hereby approves the Subordination Agreement, attached hereto as Attachment "A" and incorporated herein by reference. @BCL@FC096B59.docx Page 1 of 2