HomeMy WebLinkAboutReso 2020-3140RESOLUTION NO. 2020 - 0
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, APPROVING THE TERMINATION AND
RELEASE OF RESTRICTIVE COVENANT FOR THE DECLARATION OF
RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE RECORDED
ON AUGUST 22, 2019 IN OFFICIAL RECORDS BOOK 31580, PAGE 204-207,
PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA; AUTHORIZING
THE CITY MANAGER AND CITY ATTORNEY TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Lloyd Bennett, 438 Poinciana Island Drive, Unit 1635 ("Prior Owner") and
Beatriz C. Zahlene, 357 Poinciana Island Drive, Unit II I I ("Owner") recorded a Declaration of
Restrictive Covenants in Lieu of Unity of Title on August 22, 2019 in Official Records Book
31580, Page 204-207, Public Records of Miami Dade County, Florida (the "Restrictive Covenant"),
against the real property legally described on Exhibit "A" to Attachment "A", attached hereto and
made a part hereof (the "Property") in connection with their plans to develop the Property as a joint
private docking facility; and
WHEREAS, at the time of the recordation of the Restrictive Covenant, Prior Owner held
title in fee simple in and to the real property to dock slip 438, as legally described on Exhibit "A" to
Attachment "A"; and
WHEREAS, on July 9, 2020, Prior Owner granted a Quit Claim Deed to Timothy R.
Mullen, 434 Poinciana Island Drive, Unit 1626 ("Current Owner") of Prior Owner's right, title,
interest, claim and demand which Prior Owner had in dock slip 438, as more particularly described
in Exhibit "A" to Attachment "A", recorded on July 22, 2020, in Official Records Book 32016,
Page 3204, Public Records of Miami Dade County; and
WHEREAS, as a result of the Quit Claim Deed referenced above, the Restrictive Covenant
needs to be released, and a new restrictive covenant will be recorded binding the Owner and Current
Owner to the terms contained therein; and
WHEREAS, Prior Owner and Owner now desire to terminate the Restrictive Covenant,
which by its terms cannot be extinguished or terminated without the written approval of the City
Commission of the City of Sunny Isles Beach ("City"); and
WHEREAS, the Planning and Zoning Department has reviewed the request and has
no objection; and
WHEREAS, the City Commission hereby approves the Termination and Release of Restrictive
Covenant, attached hereto as Attachment "A" and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified and
confirmed as being true and the same are hereby made part of this Resolution.
Section 2. Approval of Termination and Release of Restrictive Covenant The City Commission
hereby authorizes the release and cancellation of the Declaration of Restrictive Covenants in Lieu of
Unity of Title on August 22, 2019 in Official Records Book 31580, Page 204-207, Public Records
of Miami Dade County, Florida, and further approves the Termination and Release of Restrictive
Covenant, attached hereto as Attachment "A" and incorporated herein by reference.
Section 3. Authorization of City Manager and City Attorney. The City Manager and City
Attorney are hereby authorized to do all things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution shall become effective upon adoption
PASSED AND ADOPTED this 19`h da3
CMC, City Clerk
AS
A. Dion, City Attorney
�ENw&d
V ,I
Moved by: C6 Q� � Seconded by
6"M*f�
Vote:
Mayor Scholl (Yes)
Vice Mayor Svechin (Yes)
Commissioner Goldman (Yes)
Commissioner Lama ✓/— (Yes)
(No)
(No)
(No)
Commissioner Viscarra(Yes)
(No)
City of Sunny Isles Beach
s
n 18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
F`'rr or so+ Fro (305) 949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: Claudia C. Hasbun, AICP, Planning and Zoning Director
DATE: 11 /19/2020
Termination and Release of Restrictive Covenant from
RE: properties located at 438 and 357 Poinciana Island
Drive
RECOMMENDATION:
This Resolution is recommended for approval
REASONS:
A Declaration of Restrictive Covenants in Lieu of Unity of Title was
recorded on August 22, 2019 between Lloyd Bennett ("Prior Owner")
and Beatriz C. Zahlene ("Owner") in connection with their plans to
develop a joint private docking facility Poinciana Island. At the time of
the recordation of the Restrictive Covenant, Prior Owner held title in
fee simple to dock slip No. 438.
On July 9, 2020, Prior Owner granted a Quit Claim Deed to Timothy R.
Mullen ("Current Owner") of Prior Owner's right, title, interest, claim
and demand which Prior Owner had in dock slip 438. As a result of the
Quit Claim Deed referenced above, the Restrictive Covenant needs to
be released, so that a new restrictive covenant can be recorded
binding the Owner and Current Owner to the terms contained therein.
However, the existing Restrictive Covenant cannot be extinguished or
terminated without the written approval of the City Commission.
Therefore, the proposed resolution would approve the Termination and
Release of Restrictive Covenant, attached as Attachment "A". After the
Release and Termination, Owner and Current Owner will record new
Restrictive Covenant for dock slip No. 438.
ATTACHMENTS:
Description
Resolution
Termination
Restrictive covenant
Item Number: 10.1.
Termination and Release of Restrictive Covenant
Page 1 of 4
Reserved for Recording
THIS TERMINATION AND RELEASE OF RESTRICTIVE COVENANT is made as
of the �_ day of (�OVE��� ; 2020, by Lloyd Bennett438 Poinciana Island Drive, Unit 1635
("Prior Owner") and Beatriz C. Zahlene, 357 Poinciana Island Drive, Unit I I I I ("Owner") and CITY
OF SUNNY ISLES BEACH, a political subdivision of the State of Florida, having an address of 18070
Collins Avenue Sunny Isles Beach, FL 33160 (the "City"), for the express purpose of terminating and
forever releasing and discharging the "Restrictive Covenant" (as hereinafter defined).
RECITALS
WHEREAS, Prior Owner and Owner, recorded a Declaration of Restrictive Covenants in Lieu
of Unity of Title on August 22, 2019 in Official Records Book 31580, Page 204-207, Public Records
of Miami Dade County, Florida (the "Restrictive Covenant"), against the real property legally
described on Exhibit "A", attached hereto and made a part hereof (the "Property") in connection with
their plans to develop the Property as a joint private docking facility; and
WHEREAS, at the time of the recordation of the Restrictive Covenant, Prior Owner held title in fee
simple in and to the real property to dock slip 438, as legally described on Exhibit "A"; and
WHEREAS, on July 9, 2020, Prior Owner granted a Quit Claim Deed to Timothy R. Mullen,
434 Poinciana Island Drive, Unit 1626 ("Current Owner") of Prior Owner's right, title, interest, claim
and demand which Prior Owner had in dock slip 438, as more particularly described in Exhibit "A",
recorded on July 22, 2020, in Official Records Book 32016, Page 3204, Public Records of Miami
Dade County; and
WHEREAS, as a result of the Quit Claim Deed referenced above, the Restrictive Covenant
needs to be released, and a new Restrictive Covenant will be recorded binding the Owner and Current
Owner to the terms contained therein; and
WHEREAS, Prior Owner and Owner now desire to terminate the Restrictive Covenant,
which by its terms cannot be extinguished or terminated without the written approval of the City
Commission of the City of Sunny Isles Beach; and
WHEREAS, the City has agreed to consent and allow the termination, release and discharge
of the Restrictive Covenant; and
NOW, THEREFORE, in consideration of good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Prior Owner, Owner, and City, intending to be
legally bound, do hereby agree as follows:
1. The foregoing recitals are true and correct and are incorporated herein by this reference
as if repeated at length.
Page 1 of 4
Termination and Release of Restrictive Covenant
Page 2 of 4
2. Effective as of the date hereof, the Restrictive Covenant is hereby terminated, released
and discharged in its entirety; shall be of no further force or effect; and no longer a burden or
encumbrance on title to the Property. The parties hereby direct the Clerk of Official Records, Miami
Dade County, Florida, to cancel same of record.
Signed, witnessed, executed and acknowledged this 1- day of 0 C40 PXr_, 2020.
Witness
438
STATE OF FLORIDA )
) SS
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this S( day of month 2020, by Lloyd
Bennettas Prior Owner 4 dock slip 438, Sunny Isles Beach, FL 33160. Personally Known or
Produced Identification A
Type of Identification Produced Ot' > f 2rS ' j ' f ?h c-W
Y
Y B
�`1�v�ii
DAVID ALFONSO VILLA
�N TAR IGNA
;�+ Notary Public -state of Florida
_• q Commission # GG 912078 Print or StampName. �`
My Commission Expires
September 11, 2023 Notary Public, State of no rcr.
Commission No.: N/A
My Commission Expires: 9/ j;23
[EXECUTION BY OWNER AND CITY OF SUNNY ISLES BEACH ON FOLLOWING PAGES]
Page 2 of 4
Witness
Print
STATE OF FLORIDA )
) SS
COUNTY OF MIAMI-DADE )
Ternrination and Release ofResb•ictive Covenant
Page 3 of 4
357 Poinciana Island Drive, Unit 1111
Sunny Isles Be , FL 33 60
Beatriz C. Zah ene, Owner of dock slip 444
The foregoing instrument was acknowledged before me this 22day of 2020, by Beatriz C.
Zahlene, as Owner o 357 Poinciana Island Drive — dock slip 444, Sunny Isles Beach, FL 33160.
Personally Known or Produced Identification
Type of Identification Produced
APPR TO FORM
%Edw
EG S FICIENCY:
d A. Dion, City Attorney
NOTARY SIGNATURE
Print or tamp Name:
Notary ublic, State of�
Commission No.: N/A
My Commission Expire
CITY OF S NY ISL
By its Ci Com ssion
By:
Page 3 of 4
J lotary Public State of Florida
Michael Ruiz
s
Of f�'q My Commission GG 158855
e� Expires 12115/2021
BEACH, FLORIDA
H. Scholl, Mayor
Termination and Release ofResoctive Covenant
Page 4 of 4
EXHMff A
Property Address: !�$ �,JG,,� ,� E ,� �,q fl ?� fi F c� t— L_J f T- I
Legal Description•
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Property Address: �,3 7 - JN , �
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Page 4 of 4
This instrument is prepared by (and after recording)
please return this instrument to:
Edward A. Dion, Esq.
City Attorney
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Fl, 33160
Reserved for Recording
DECLARATION OF RESTRICTIVE COVENANTS
IN LIEU OF UNITY OF TITLE
The undersigned, TIMOTHY R. MULLEN and BEATRIZ C. ZAHLENE ("Owners"), hereby
make, declare and impose on the land herein described, this Declaration of Restrictive Covenants in
Lieu of Unity of Title (the "Declaration"), and the covenants running with the title to the land and water
contained herein, which shall be binding on the Owners, all heirs, grantees, successors and assigns,
personal representatives, mortgagees, lessees, and against all persons claiming by, through or under
them.
WHEREAS, Owners are the Owners of that certain properties located in the City of Sunny Isles
Beach (the "City"), located at 434 Poinciana Island Drive, Unit 1626 (dock slip 4382 and 357 Poinciana
Island Drive, Unit 1111 (dock slip 444) ("the Property"), in the City of Sunny Isles Beach, Florida (the
"City"); and
WHEREAS, a private docking facility in the rear of the Property has been constructed, all
particularly described in Exhibit "A" and the Owners intend on utilizing the Property as a joint docking
facility in accordance with the permit issued by the City, subject to certain conditions.
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Owners hereby agree as follows:
1. The Owners of the Property hereby agree and declare that (i) the Owners shall by jointly
responsible for maintaining the dock, (ii) for the purpose of determining compliance with all aspects of
the Land Development Regulations of the City, including without limitation, FAR, density, and
setbacks, the Property shall be considered as one plot and parcel of land, and (iii) so long as this
instrument shall remain in effect, any and all conveyances or transfers of all or any portion of the
Property by the Owners, its grantees, successors and assigns, shall be subject to the terms and
restrictions of this Declaration as if any such grantee, successor, or assign were a party hereto or a
signatory hereof. Nothing in this Declaration shall prohibit the submission of the Property to
condominium Ownership and the conveyance of individual condominium units to individual
purchasers.
2. The provisions of this instrument shall become effective upon their recordation in the
Public Records of Miami -Dade County, Florida, and shall continue in effect for a period of thirty (30)
years after the date of such recordation, after which time they shall be extended automatically for
successive periods of ten (10) years each, unless released in writing by the following: (i) then Owners
of the Property (or if any portion of the Property has been submitted to the condominium, then by the
condominium association governing such condominium in lieu of all of the Owners thereof) AND (ii)
the Zoning Administrator of the City, or his or her respective designees or successors, upon the
demonstration and affirmative finding that the same is no longer necessary to preserve and protect the
Property for the purposes herein intended.
Declaration of Restrictive Covenant
in Lieu of Unity of Title
Page 2 of 4
3. The provision of this instrument may be amended, modified or released by a written
instrument executed by the following: (i) then Owners of the Property (or if any portion of the Property
has been submitted to the condominium form of Ownership then by the condominium association
governing such condominium in lieu of all the Owners thereof) and provided same is also approved by
the City Commission at a public hearing, and in a form approved by the City Attorney. Should this
Declaration be so modified, amended or released, the Zoning Administrator of the City, or his or her
respective designees or successors, shall forthwith execute a written instrument effectuating and
acknowledging such amendments, modifications or release.
4. Enforcement shall be by action against the parties or persons violating or attempting to
violate any covenants in this Declaration. The prevailing party to any action or suit pertaining to or
arising out of this Declaration shall be entitled to recover, in addition to costs and disbursements
allowed by law, such sum as the Court may adjudge to be reasonable for the services of his/her attorney.
This enforcement provision shall be in addition to any other remedies available at law, in equity or
both.
5. Invalidation of any of these covenants by judgment of court shall not affect any of the
other provisions, which shall remain in full force and effect.
6. All rights, remedies and privileges granted herein shall be deemed to by cumulative and
the exercise of any one or more shall neither be deemed to constitute an election or remedies, nor shall
it preclude the party exercising the same from exercising such other additional rights, remedies or
privileges as may be available to it.
7. This Declaration shall be recorded in the Public Records of Miami -Dade County at the
Owners' expense.
Signed, witnessed, executed and acknowledged this 1,S' day of �?,a4kmher , 2020.
Witness
Witness
Print N me:
STATE OF FLORID )
434 Poinciana Island Drive, Unit 1626 —
dock slip 438
Sunny Isles Beach, FL 33160
Timothy R. 1 n, Owner
357 Poinciana Island Drive, Unit 1111—
dock slip 444
Sunny Isles Beach, FL 33160
Beatriz C. Zahlene, Owner
Declaration of Restrictive Covenant
in Lieu of Unity of Title
Page 2 of 4
3. The provision of this instrument may be amended, modified or released by a written
instrument executed by the following: (i) then Owners of the Property (or if any portion of the Property
has been submitted to the condominium form of Ownership then by the condominium association
governing such condominium in lieu of all the Owners thereof) and provided same is also approved by
the City Commission at a public hearing, and in a form approved by the City Attorney. Should this
Declaration be so modified, amended or released, the Zoning Administrator of the City, or his or her
respective designees or successors, shall forthwith execute a written instrument effectuating and
acknowledging such amendments, modifications or release.
4. Enforcement shall be by action against the parties or persons violating or attempting to
violate any covenants in this Declaration. The prevailing party to any action or suit pertaining to or
arising out of this Declaration shall be entitled to recover, 'in addition to costs and disbursements
allowed by law, such sum as the Court may adjudge to be reasonable for the services of his/her attorney.
This enforcement provision shall be in addition to any other remedies available at law, in equity or
both.
5. Invalidation of any of these covenants by judgment of court shall not affect any of the
other provisions, which shall remain in full force and effect.
6. All rights, remedies and privileges granted herein shall be deemed to by cumulative and
the exercise of any one or more shall neither be deemed to constitute an election or remedies, nor shall
it preclude the party exercising the same from exercising such other additional rights, remedies or
privileges as may be available to it.
7. This Declaration shall be recorded in the Public Records of Miami -Dade County at the
Owners' expense.
Signed, witnessed, executed and acknowledged this day of , 2020.
Witness 434 Poinciana Island Drive, Unit 1626 —
dock slip 438
Sunny Isles Beach, FL 33160
Print Name:
Witness
'_-_5
Print N . Z4 (g,,G
STATE OF FLORIDA )
Timothy R. Mullen, Owner
357 Poinciana Island Drive, Unit I I 1I—
dock slip 444
Sunny Isles Beach, FL 33160
Beatriz C. Zahlene, Owner
Declaration of Restrictive Covenant
in Lieu of Unity of Title
Page 3 of 4
) SS
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me thisif day of 3 v-'r' *2020, by Timothy R.
Mullen as Owner of 434 Poinciana Island Drive — dock slip 438, Sunny Isles Beach, FL 33160.
Personally Known _ or Produced Identification_
Type of Identification Produced DAIWI-s /,-C Q ve
DAVID ALFONSO VILLA OTARY SIGNATURE
Ol►FV Pal i
r Notary Public -State of Florida print or Stamp Name: Vi d 4 v i'% m--
*= Commission # GG 812078
oFf��A�° My Commission Expires Notary Public, State of rloy;ja,
mm` September 11, 2023
Commission No.: N/A 6 &
My Commission Expires:��v %✓,6
STATE OF FLORIDA )
) SS
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this _ day of _ 2020, by Beatriz C.
Zahlene, as Owner of 357 Poinciana Island Drive — dock slip 444, Sunny Isles Beach, FL 33160.
Personally Known _ or Produced Identification
Type of Identification Produced
NOTARY SIGNATURE
Print or Stamp Name:
Notary Public, State of
Commission No.: N/A
My Commission Expires:
Declaratiotl ofResu•icttve Covenant
in Lieu of Unity of Title
Page 3 of 4
) SS
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this _ day of _ = 2020, by Timothy R.
Mullen as Owner of 434 Poinciana Island Drive — dock slip 438, Sunny Isles Beach, FL 33160.
Personally Known , or Produced Identification
Type of Identification Produced
NOTARY SIGNATURE
Print or Stamp Name:
Notary Public, State of
Commission No.: N/A
My Commission Expires:
STATE OF FLORIDA )
) SS
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this :Z Z day of oc' 2020, by Beatriz C.
Zahlene, as Owner of 357 Poinciana Island Drive — dock slip 444, Sunny Isles Beach, FL 33160,
Personally Known ✓ or Produced Identification
Type of Identification Produced
NOTARY IGNATUR
Print or S amp Name:
Notary Public, State of
Commission No.: N/A
My Commission Expire
o00 n Not Publio State of Florida
_ ichael Ruiz
�x My commission GG 158855
. _ �,g Exoires 12115/2021
Declaration of Resh-Ictive Covenant
in Lieu of Unity of Title
Page 4 of 4
EXHIBIT A
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