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<br />RESOLUTION NO. 2006- <br /> <br />A RESOLUTION OF THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, APPROYING <br />AN AGREEMENT TO TERMINATE AND RELEASE <br />DRAINAGE EASEMENT IN FAYOR OF THE VIEW AT <br />SUNNY ISLES, LLC, THE OWNER OF THAT CERTAIN <br />PROPERTY UPON WHICH LIES THE EASEMENT, MORE <br />PARTICULARLY DESCRIBED AS EXHIBIT "A"; <br />AUTHORIZING THE CITY MANAGER TO DO ALL <br />THINGS NECESSARY TO EFFECTUATE THE TERMS OF <br />THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE <br />DATE. <br /> <br /> <br />WHEREAS, on September 2, 1966 a Drainage Easement was established on the property <br />owned by The View At Sunny Isles, LLC (Property Owner) in favor of Dade County and this <br />property is more pmticularly described in Exhibit "A" attached hereto and made a part of this <br />Resolution; and <br /> <br />WHEREAS, when the City of Sunny Isles Beach (City) incorporated in 1997, the City <br />became successor-in-interest with respect to this Easement; and <br /> <br />WHEREAS, the Easement is no longer serviced by Miami-Dade County; and <br /> <br />WHEREAS, the property upon which the Easement lies is currently abandoned; and <br /> <br />WHEREAS, the only drainage for this property is a pipe leading to a canal; and <br /> <br />WHEREAS, the City no longer requires the Easement and the Grantor desires the <br />termination of the existing Drainage Easement in order to sell this property; and <br /> <br />WHEREAS, uuder Florida law, an easement is extinguished by operation oflaw ifit is no <br />longer in use; and <br /> <br />WHEREAS, the release of the Easement will facilitate the development of the property; and <br /> <br />WHEREAS, the City Commission finds that it is in the best interest of the City to vacate, <br />tenninate and release this Easement. <br /> <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section 1. Termination and Release of Drainage Easement. The City Commission hereby approves <br />the termination and release of the Drainage Easement as more particularly described in Exhibit "A". <br /> <br />R2006 -- Terminalion & Release of Drainage [;asement <br /> <br />Page! of2 <br />