2002 0205 Special City Commission Meeting

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--- - -- Special City Commission Meeting Summary Minutes February 5. 2002 City of Sunny Isles Beach, Florida 4. RESOLUTIONS 4A. Public Hearing A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Vacating a Portion of the Right-of-Way (Which is not a Roadway) Along Atlantic Boulevard and 175th Terrace, Adjacent to Lots 5, 6 and 7, Block 9, Sunny Isles Shores, Section "B," as Recorded in Plat Book 65, at Page 47, of the Public Records of Miami-Dade County More Particularly Described in Exhibit "A"; Providing for a Declaration of Restrictive Covenants to be Attached as Exhibit "B"; Providing for Effectuation by Replat; Providing for an Effecti ve Date. Action: [City Clerk's Note: Correspondence from Fernando Albuerne, Director, Miami- Dade County Public Schools, regarding this site was distributed earlier today J City Clerk Brown-Morilla read the title and City Attorney Dannheisser reported. Public Speakers: Stanley Price, Esq.; Rocco DiSangro; Gene Sweed; Jose Milton Stanley Price, Esq., requested the City to vacate part of a right-of-way on the subject property, which is being purchased by Joseph Milton. He explained that the right-of-way is not a roadway but a land area that is on the property side of the sidewalk. He said they have filed a Declaration of Restrictive Covenants. Mr. Price reviewed the documents with the Commission and he agreed that the applicant will not place any structures of any type within this vacated area and will maintain, at their sole cost and expense, all this property for drainage, liability, landscaping, walkways, and for any utilities needed by governmental bodies or public utilities. Mr. Price noted the discussions regarding the possibility of the School Board purchasing the property or taking it through eminent domain. He said the applicant has agreed that in the event that they do not utilize the easement area within a 24-month period or that if this property is sold to anyone including the School Board, that they would agree to permit the City to take back the area vacated. The Covenant will run with the land and would be binding on all the successors and assigns of the property owner that executed this document. Mr. Price presented an un-captioned petition that he stated represented signatures of support from neighbors, and he also presented a letter from the A vila North Condominium Association Inc. Mr. Price said they were only asking approval to go forward with an application. Commissioner Edelcup asked why this request was being divided into two parts, and not altogether in one application. Mr. Price answered that without the land, it would create a series of variances which they do not believe would be essential. He said they will have some variances with the Zoning application, even with the proposed Land Development Regulations. Commissioner Goodman asked who owned the property and Mr. Price said it was S & G of Miami Beach, Inc. whose President is Barry Shelomovitz, a property owner in the City. 4