Reso 2001-321 - Laserfiche WebLink

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OFf. lEt... 2 0 2 7 7 PG r. 7 I 8 AGREEMENT THIS AGREEMENT, made this L.J!day of April, 2001, by and between 17070 Collins Avenue Shopping Center, Ltd., a Florida limited partnership ("Owner") and the City of Sunny Isles Beach, a municipal subdivision of Miami-Dade County, Florida, ("City"), provides for the abandonment and vacation of that portion of North Bay Road from theoretical 170th Street to 172nd Street as more fully described in Exhibit "A" attached hereto and made a part hereof, and provides for the dedication of that portion of property immediately adjacent to North Bay Road, as more fully described in Exhibit "B" attached hereto and made a part hereof; and further provides that vacation and abandonment of the portion of the road described in Exhibit "A" be held in escrow until the Owner satisfies certain enumerated conditions and constructs and dedicates that certain property described in Exhibit "B" in accordance with said conditions for public use as a public right of way, and in accordance with Resolution No.: 2001-321, approved on the 1 ih day of April, 2001. ~:~ f:: 1 -;?~ ',2: ~::i 5 .H;..<f }(Hf2 n{~~h 20 .1;.j.;,2:1 RECITALS WHEREAS, North Bay Road was dedicated to Miami-Dade County for public use and said road has been used as such since its dedication; and WHEREAS, the authority over North Bay Road was transferred to the City pursuant to that certain Interlocal Agreement dated November 4, 1997 by and between the City and Miami- Dade County, and WHEREAS, pursuant to its home rule authority under Chapter 166, Florida Statutes and the aforesaid Interlocal Agreement, the City has the authority to vacate, alter or discontinue any public road over which it has jurisdiction; and WHEREAS, by Resolution No. 2000-277, adopted September 21, 2000, the City Commission accepted a final replat of R.K. Marina Apartments by Owner, which relocated a portion of the North Bay Road from theoretical 170th Street to 172nd Street; and WHEREAS, Owner has several properties located within the City, and has requested that the City vacate a portion of North Bay Road from theoretical 170th Street to 172nd Street, for the purpose of allowing the construction of a luxury apartment unit, as described in Zoning Resolution 99-7-35, to promote the development of the North Bay Road corridor; and WHEREAS, the Owner has agreed, simultaneously with the vacation of that portion of North Bay Road described in Exhibit "A" (hereinafter sometimes referred to as the "vacated portion of North Bay Road"), and subject to the conditions contained herein, to dedicate to the City as a public right of way that certain piece of property owned by Owner and more particularly described in Exhibit "B" immediately adjacent to the current North Bay Road (hereinafter sometimes referred to as the "dedicated portion of North Bay Road") thereby creating a realignment of North Bay Road so it is one continuous uninterrupted roadway; and Agreement to Vacate North Bay Road 17070 Collins Ave. Shopping Center, Ltd. Ch 5/8/01 12:05 PM Attomey3/Gen. 1 I~~ 11' ~