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<br />This instrument was prepared by: <br />Name: Mark A. Rothenberg, Esq. <br />Address: Bercow & Radell, P.A. <br />200 S. Biscayne Boulevard, Suite 850 <br />Miami, FL 33131 <br /> <br />(Space reserved for Clerk) <br /> <br />DECLARATION OF RESTRlCTI03S AND GRANT OF EASEMENT <br /> <br />WHEREAS, the undersigned Owner holds the fee simple title to the land in Miami-Dade <br /> <br />County, Florida, described in Exhibit "A", attached hereto, and hereinafter called the "Property," <br /> <br />located at 17315 Collins Avenue, which is supported by the attorney's opinion attached as <br /> <br />Exhibit "B", and; <br /> <br />IN ORDER TO ASSURE the City of Sunny Isles Beach ("City or Grantee") that the <br /> <br />representations made by the Owner during consideration of Resolution No. 2001-Z-59 will be <br /> <br />abided by the Owner freely, voluntarily and without duress makes the following Declaration of <br /> <br />Restrictions and Grant of Easement ("this Declaration") Declaration covering and running with <br /> <br />the Property: <br /> <br />(1) Development in Accordance With Plans. That the Property shall be <br />developed substantially in accordance with the plans previously <br />submitted, prepared by Kobi Karp Architects Interior Designers entitled, <br />"Michaellangelo", dated stamped received on the 21st day of November, <br />2000, consisting of 12 sheets, as amended and revised at public hearing to <br />permit a total Floor Area Ratio, with bonuses, of 3.62, and a total of 147 <br />units. <br /> <br />(2) Grant of Easement. The undersigned owner ("Grantor") does hereby grant <br />and convey to the Grantee the following non-exclusive easements: (i) <br />Pedestrian ingress to and egress from the public beach, specifically <br />described on the attached Exhibit "C', over, across and upon the Property <br />("the Access Easement"); and (ii) a ten (10) foot landscape easement along <br />'the western Property line ("the Landscape <br />