Resolution Zoning 12-Z-126 - Laserfiche WebLink

Home Browse Search

I 1111 1 1 1111111111 11111 11111 1111111111 11111111 This instrument prepared by CFN 2012807203 7 2 OR Bk 28306 Fss 3992 — 3998; (-lass) RECORDED 10/10/2012 14:03:46 Hans Ottinot Esq. HARVEY RUVIN, CLERK OF COURT City Attomey MIAMI—DADE COUNTY, FLORIDA City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach,FL 33160 When recorded,return to Jane Hines,CMC City Clerk City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles,Florida 33160 (Space Reserved for Clerk of Court) (Space Above For Recorder's Use Only) DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENT WHEREAS, CHATEAU BEACH, LLC a Florida LLC ("Owner" or "Grantor") is the owner of the following described real property (the "Property"), lying, being and situated in Sunny Isles Beach, Miami-Dade County, Florida, and legally described as: SEE EXHIBIT "A" and located at 17475 Collins Avenue, Sunny Isles Beach, Florida. In accordance with Conditions IV(4)(a) and (b) of Resolution No. 11-Z-126 adopted by the CITY OF SUNNY ISLES BEACH (the "City" or "Grantee"), on March 1, 2012 (the "Resolution"), the Owner, its successors and assigns, freely, voluntarily and without duress, makes the following Declaration of Restrictions and Grant of Easement ("Declaration") covering and running with the Property and grants the following easement,as described below: 1. Intent. In connection with the Resolution, which approved The Chateau Beach Residences (the "Project"), for development of a 35 story building with 84 condominium units, the Owner has agreed to the granting of certain easement rights, as more particularly set forth herein, and has agreed to be bound by certain covenants, restrictions and obligations with respect to the Property. To the extent that there is a conflict between the Resolution, which is recorded in the Office of the City Clerk, and the Declaration, the terms of the Declaration shall apply, provided, however, that the failure to include a requirement of the Resolution in this Declaration shall not be deemed a waiver of such requirement. 2. Grant of Easement. Owner does hereby grant and convey to the City a non-exclusive 10' landscape easement pursuant to the City Streetscape Master Plan along the westerly 10' of the Property adjacent to Collins Avenue, as specifically described in Exhibit "B" (the "Streetscape Easement"). 3. Design, Construction and Maintenance of Easement and Improvements. (A) Design and Construction. Owner, its successors and assigns or any condominium association managing the common areas of the Property, shall have the exclusive right to design, build, furnish and maintain any and all improvements (including but not limited to landscaping, irrigation and lighting) located within the Easement, subject to the approval of the City Chateau Beach,LLC 8/27/12