Loading...
HomeMy WebLinkAboutReso 2014-2329RESOLUTION NO. 2014- 2 2.9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ( "CITY ") TERMINATING A "DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENT" SUBMITTED BY SUNNY ISLES PROPERTY VENTURE, LLC, FOR THE PROPERTY LOCATED AT 15701 COLLINS AVENUE, SUNNY ISLES BEACH, FLORIDA, ATTACHED HERETO AS EXHIBIT "A ", AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on February 8, 2008, a "Declaration of Restrictions and Grant of Easement' ( "Declaration') was recorded in Official Records Book ("ORB ") 26192 at Page 1195 of the Public Records of Miami -Dade County, Florida (`Declaration') for the property located at 15701 Collins Avenue, Sunny Isles Beach, Florida, 33160 (the "Property'); and WHEREAS, the existing Declaration granted multiple easements that are no longer consistent with the site plan approval to redevelop the property. WHEREAS, as part of the Applicant's submission for approval of a new project, the Applicant requests the termination of the existing Declarations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Termination of "Declaration of Restrictions and Grant of Easement". The City Commission of the City of Sunny Isles Beach, Florida hereby approves the termination of the "Declaration of Restrictions and Grant of Easement" attached hereto as Exhibit "A ". Section 2. Authority of City Manager and the City Attorney. The City Manager and the City Attorney are hereby authorized to do all things necessary to effectuate this Resolution. Section 3. Effective Date. This Resolution shall become effective upon adoption. PASSED and ADOPTED this 16'h day of October 2014. ATTEST: j Jane ines,iCity Clerk; MMC t "APPROVED AS TO FOP N4 AND LE F[CIENCY: ans Ottinot. Cih Attornev Vote: S -b Mayor Edelcup Vice Mavor Aelion Commissioner Gatto Commissioner Levin Commissioner Scholl Moved by: Nz ct &mw L\d-o Seconded by: l�0yr�ry��iS1t7T.��2. LTV la ✓ (Yes) (No) V(YeS) ('No) ✓(Yes) (No) v (Yes) (No) —7(Yes) _(No) SHE BOWEN LLP Founded 1910 DAVID J. COVIELLO PARTNER (305) 415 -9437 Direct Telephone (305) 415 -9837 Direct Facsimile September 19, 2014 VIA HAND DELIVERY Ms. Claudia Hasbun, Zoning Administrator City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 FS�P'i 9 2074 m" vl�G &Z Re: 15701 and 15795 Collins Avenue (collectively, the Property) — E MAIL ADDRESS: dcoviello@s hutts.com Request for Release of Existing Declaration of Restrictions and Grant of Easement; and Approval of New Declaration of Restrictions and Grant of Easement Dear Ms. Hasbun: As you know, this firm represents Sunny Isles Property Venture LLC (the "Applicant "), in connection with its site plan submission seeking approval to redevelop the Property with a new residential project consisting of 211 residential units and amenities within a 50 -story tower containing approximately 574,008 square feet (the "Project"). As part of the Applicant's submission for approval of the Project, the Applicant respectfully requests approval for the release of an existing Declaration of Restrictions and Grant of Easement ('Existing Declaration') recorded in Official Record Book 26192 at Page 1195 of the Public Records of Miami Dade County, a copy of which is attached hereto, and acceptance of a new Declaration of Restrictions and Grant of Easement ( "New Declaration "). By way of background, on November 17, 2005, the City Commission approved Resolution No. 05 -Z -98, which permitted the development of a project at 15701 Collins Avenue. The project encompassed a 51- story condominium tower containing 134 residential units and 140 hotel rooms. In conjunction with the approval of the project, the then developer filed the Existing Declaration. The Existing Declaration granted multiple easements: a 20 -foot wide beach access easement at the south boundary of the property; easements for vehicular ingress and MIADOCS 9707926 3 16821.0027 1500 Miami Ccnter • 201 south Biscayne Boulevard, Miami, Florida 33131 • ph 305.358.6300 • E, 305.381.9982 • w .shutts.com MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM Ms. Claudia Hasbun, Zoning Administrator City of Sunny Isles Beach September 19, 2014 Page 2 egress for fire, police, health, sanitation and other public service personnel and vehicles; a 10- foot wide landscaping streetscape easement along Collins Avenue; and a 10,000 square foot public oceanfront park easement along the eastern side of the property. We respectfully request that the Existing Declaration be released in conjunction with the approval of the Project and replaced with a New Declaration that would grant easements consistent with the approved site plan, including but not limited to, a relocation of the southerly beach access easement to the north boundary of the Property. The new beach access easement, when combined with the existing 20 foot wide beach access easement that exists at the southern boundary of the adjacent development, will create a combined 40 foot wide beach accessway. In the event you have any questions or require anything further, please do not hesitate to contact me at 305- 415 -9437. Sincerely, Shutts & Bowen LLP QDJOC' David J. Coviello DJC /sm Enclosures MIADOCS 9707926 3 16821.0027 1500 Miami Center • 201 South Biscayne Boulevard, Miami, Florida 33131 • ph 305.358.6300 • f, 305.381.9982 • w .shurtsxom A11AM1 FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AAt S T ER DA S1 (Page 1 of 116) 'n.:. t.e... ,.tuned hr. TEn em,muat Vaparod by Hans Ottlnok City Attorney Otyax of the City Attomay 18070 Collin Avenue Miami, Mori" 331160 Whw reoorded. tenon to: lam H;xs, City Cleric Office ofdn City Ctnt Chy of sunny Islas Beath 18070 CoUlm Avenue Suar, IoW, Florida 33160 CFN 200BROO87498 OR BM 26192 Pss 1195 - 121l; (17p3s. RECORDED 02 101/2008 10 :03:01 DEED DOC TAX 0.60 SURTAX OJS ueeu a wxu ✓reap ^� pr SURTAX M5 HARVEY RUV1N, CLERK OF COURT )1IAHI -OAOE COUNTY, FLORIDA (Space Above For Recorder's Use WHEREAS, Mansiana Ocean Residences, LLC, a Florida limited liability company Mwn or "Grantor is the owner of the following real property (the "Property', lyia& being and sitvsted in Stymy Isles Butch, Miami -Dade County, Florida, legally described as: SEE E TIM1T "A" ATTACHED HERETO and located at 15701 Collins Avenue, Sunny Isles Beach, Florida- in accordance with Condition N (6) of Resolution No. 05 -Zr98 adopted by the CITY OF SUNNY ISLES BEACH (the "City" or "Grantee "), on November 17, 2005 (the "Resolution"), the Owner, its successors and assigns, freely, voluntarily and without duress, makes the following Declaration of Restrictions and Grant of Easements C`Declmation") covering and running with the Property and grants the following easements, as described below: 1. Intent. In connection with the Resolution, which approved Application No. Z2005-06 (the "Application"), for development of a fifty -one (51) story condominium tower ourmining one hundred thirty four (134) residential units and one hundred forty (140) hotel M..1. Dwhrauon ofRcantttian, sea 17oao93sav1 rY2Y10oa Deacripl:Son: Dade,FL Document - Book.Page 26192.1195 Page: I of 17:Z Page 1 of 1 7 Order: 2 C=men t: , � � ' o�" ayv i i o ., v1 i�+ravw vvv, 4:J (Page 2 of 116) rooms, to be known as "AJA" (the "Projw,'), the Owner has agreed to the granting of certain easement rigl'M.as more Particularly set forth herein, and has agreed to be bound by certain covenants, restrictions and nons, w tlx •e"�, °� �,° r s it Y m, aarJtW agreed to be bound by certain covenants, restrictions and obligations with respect to the Property. 2. Grant of Rommmt. Owner does hereby grant and convey to the City the fouoww Iron- exelusive easefem (cbuectively, the °Easements : (i) a twenty (20') foot wide beach access easement along the south side of the Property exactly as described in the attached Exhibit "B-(the "Beach Access Easement'). The Beach Access Easement shall be for Pedestrian ingress to and egress from Collins Avenue to the public beach, exactly as shown on the Site Plan and as represented by the Applicant and recommended by staff to the Sunny isles Beach City Commission at the public hearing held cat November 17, 2005. (i) cazm= for vehicular ingress and egress for fire, police, health, sanitation and other public service personnel and vehicles employed and utilized by the City over the driveways and pathways as they may exist from time to time on the Property (the "City Aces Easement"); (iii) a ten-foot (10') landscaping s"ctscape easement pursuant to the City Strcetscape Master Plan, exactly as described on the attached Exhibit "Cn (the "Streetscape Easement"), and (v) the 10,000 square foot public oceanfront peck Mment exactly as described on the attached Exhibit "D" (the "Oecaafront Park ".) The Beach Access Easement and Oceanfront Park shall be fully accessible to the public on a twenty-four (24) hour basis, and shall be clearly designated by means of signage approved in writing by the City Manager or its designee, as amenities open to all members of the public. 3. Design Constenetlao 1Na6tenanee. lrsarance and Restoration of Easements and Imorovemen - (A), Design and Construction. Owner and its successors and assigns or any condominium or master owners' association managing the common areas of the Property, shall have the exclusive Nght to design, build, furnish and maintain any and all improvements not shown on the site plans approved by the Resolution (including but not limited to landscaping, irrigation and lighting) located within the Easements, subject to the approval of the City Manager, in his sole and reasonable discretion. The design of any and all materials to be used and of any and all improvements within the Easements shall be presented to the City for its approval prior to construction of po improvemart, which approval shall not be unreasonably withheld or delayed. The Beach Aeoess ELscmcm shall be paved, and shall contain lighting. At no cost to the City, the Beach Access Easement and the Oceanfront Park shall be folly landscaped and equipped with public amenities including, but not limited m, bencbes, lighting, and two showers, one foot wash and one drinking water fountain, (the "Public Amenities"), the location, design and construction of which shall be subject to the approval of the City Manager or its desigom. The design and construction of the Streascspe Easement shall comply with the City Stnxtscape Master Plan, as approved by the City. Prior to the issuance of the Certificate of Occupancy, Owner shall plant landscaping on the Streetscape Easement as required pursuant to the City's Strectcape Master Plan or as otherwise approved by the City. If the landscaping dies or fails to thrive during the first two years from completion of the initial installation of the landscaping, Owner shall replace it with landscaping of equivalent species and sit, at no eat to the City. W M50935M IZ2210 e Deseripeion! Dode,FL DOCML ant • Book.Page 26192.1195 Page: V 2 of 2138 Page 2 of 17 Order: 2 Co.ent:— (Page 3 of 116) B) Maintenance. Owner and its successors and assitms or anv ern [nminin — - - -- _.. . Owner and its successors and assigns of any condominium or master owners" association managing the common areas of the Property shall at all times maintain the Fasea ants the r Stteetscape Easanen; any and all Public Amenities, and all rmPmvm" to the may be catlstnuttd on the Easements from time to time, including but not limited to the showers, foot wash and drinking water fountain, in perpetuity, in good condition and in a safe, clean and attractive manner, without cost to the City, and to a standard reasonably acceptable to the City Manager. After any landscape or other installation within the Easements or any subsequent repairs and/or maintenance thereof, the Owner shall restore the surface of the Easements, as applicable, as near to it$ original conditions as may be possible, all within a reasonable time after the installation, repair and or maintenance of such activity described above. In the event that the Owner fitils to restore or commence restoration and diligently pursue same after receipt of thirty (30) days' written notice from City to Owner of such failure, then the City may restore the Easements to their required condition (the "City's Right to Restore") and thereafter the Owner shall reimburse City for the reasonable costs of such restoration within thirty (30) days following receipt by the Owner of a reasonably documented invoice (die "Invoice") for same. In the event reimbursement is not received by the City within the required time, City may then place a lien against the Property for the cost as documented in the invoice. Grantor agrees that the City's lien shall be on a parity with special assessment liens and superior to all other liens excepting those of taxing authorities C) insurance Owner, including its successor and assigns, shall maintain, during the term of this Declarstion, the itlnnance specified below. A Certificate of htsurance shall be provided to the City of Sonny Isles Beach's City Manager prior to the effective date of this Declaration as provided in paragraph 4. No modification, change or cancellation of ingwance shall be made without thirty (30) days' written advance notice to the City Manager, with a copy to the City Attorney. Public Liability Insurance on a comprehensive basis in an amount not less than one Million Dollars combined single limit and an aggregate of not less than Throe Million Dollars for bodily injury'and property damage. The policy shall list the City as an additional insmmd, The policy shall include Products liability coverage if and when applicable. No modi5cation, change, or cancellation of insurance shall be made without thirty (30) days written advance notice to the City Manager with a copy to the City Attorney. The Public Liability Insurance coverage shall include those classifications as listed in Standard Liability Insurance Manuals, which are applicable to the operations of Omar, its successor and assigns in the performance of this Declaration, All insurance politics requited above shall be issued by companies authorized to do business under the laws of the State of Florida Such companies shall have a general policy holders' rating of "A" or better and a financial rating of not less than "Class V" as reported by Best's Key Rating Guide, published by A.M. Best Company, latest edition. This insurance shall be in effect as long as this Declaration exists. Failure to continue to provide the insurance coverage shall constitute a violation of this Declaration. W trvsmt S&I rvmaoce Description: Dade,FL Document - Book.Page 26192.1195 Page: 3 of 171A Page 3 of 1 7 Order. 2 CD16]er. o: .�.. .., �.. zV . .- -- ....-- ... --I (Page 4 of 116) Compliance with the foregoing requirements shall not relieve Owner, its successors or assigns of its liability and obligations user this section or any other portion of this Declaration. assigns of its liability and obligations user this section or any other portion of this Declaration. The City reserves the right to reasonably amend the insurance requirements by the iasaance of a notice in writing to owner, its successors or assigns," 4. Effective Date. These grants of easement shall not become effective until the City issues a final certificate of user and occupancy for the development approved under the Resolution, as modified by any subsequent a, shua,iat compliance approval, or as such other plans are approved at public hearing consistent with this Declaration. 5. &eHrvatlon. Grantor hereby reserves all rights of ownership in and to the property underlying the Easements (the "Easement Parcels ") which are not inconsistent with this Declaratioa, including, without limitation: (a) the right to grant further non- exclusive easements on, ova, under and/or across the Easement Parcels (i.e., utility and/or access easements); (b) the right to use the Easements for all uses not interfering or inconsistent with the uses permitted bercin, including; but not limited to: vchicalar access and Ingresa and egress to, over, and from the Easement Parcels and the Property; service access to, over and from the Easement Parcels end the Property; installation . maiatenance and use of utility facilities and access therefore and maintenance thereof; the right to conduct any activity upon the Easements which promotes the security of the Easements or the Property or any persons or property located thereon as long as public access to the beach through the Easement Parcels is continuously maintained, and the right to construct and maintain any signs within the Easeme is as may be permitted by applicable law; and (c) the exclusive right subject to the City's Right to Restore, to design, build, furnish and maintain any and all improvements (including, but not limited to, landscaping and lighting) located within the Easements. Prior to its exercise of those rights set forth in (a), (b) or (c) of this paragraph 5, other than the gmnting of such easement to governmental or quasi - govemmental authorities or depamnams, or to grantor's future successors or assigns orantor shall obtain the approval of the City Manager, who shall determine, in his/ha sole and reasonable opinions, whether the proposed grant, use, or other activity is inconsistent with the grant of easements act forth herein and in Resolution No. 05 -Z -99. 6. [ndemnlflation. The Grantor, its successors end assigns, hereby agree, for separate good and valuable consideration the receipt and sufficiency of which are herby admowiedged, to jointly and severally indemnify. defend and hold harmless the Grantee, (and all of its members, officers, directors, employees, successors and assigns, and consultants) against any and all liabilities, damages, claims, costs or expenses whatsoever (including all reasonable attorney's fees and cost whether suit be brought or any appeals be taken therefrom) arising from, growing our of or connecting in any way to the Declaration or any activity carried on in the Easements, including but not limited to the failure of the Grantor to maintain the Easements. 7. Valet ParkinM Gwne shall provide 24 -bour valet parking services for owners of the Property's condominium units and their guests. S. City Irsmoetioa As further part of this Declaration, it is herby understood and agreed that any official inspector of the City of Sunny Isles Beach Building and Zoning Department or its agents duly a rrhorized, may have the privilege at any time during normal w In&^9w i m2v"d Deacriperon: Dade,FL Docu ar.0 - Book.Page 26192.1195 Page: 4 Of 173 Page 4 of 1 7 Older: 2 COC.en.: ,4V IJLII QIJGI IJV V, IY VVVVVVI' (Page 5 of 116) working hours of entering and inspecting the use of the Property to determine whether or ow the requirements of the buildinland zoning relations and the conditions herein agreed to are being w wu� ,awn oa atw .V" a vx of uis rtvyu �� w ucao,uuuo nuc.+s+ o, uV. we requirements of the building and zoning regulations and the conditions herein agreed to we being complied with. 9. Covenant Running with the Latnd: This Dt dustion on the part of the Owner shall constitute a covenant running with the Ind and shall be recorded in the public records of Miami -Dade County, Florida and shall remain in full force and effect and be binding upon the (Tuner, and its heirs, successors and assigns (including, without limitation, my ensuing condominium association or operator of the Property) until such time as the same is modified or released These restrictions, during their lifetime, shall be for the benefit of and limitation upon, all present and f crime owners of the Property. However, nothing contained in this Declaration shall create a public dedication of all or any portion of the Property. 10. Term. This Declaration is to nut with the land and shall be binding on all parties and all persons eteiming under it for a period of thirty (30) years from the date this Declaration is recorded, after which time it shall be extended automatically for successive periods of ten (10) years each unless an inavumem signed by a majority of the, then, owners of the Property lim been recorded agreeing to change, the Declaration in whole, or in part, provided that the Declaration has first been modified or released by the City in the manner set forth in this Declaration . 11. d dmen Release. The Easements granted in this Declaration shall be perpetual in dtnation, and shall not be changed, altered or amwdad except by instrument in writing executed by the Owner or a majority of the then owners and the City and their respective successors and assigns, provided that the same is also approved by the City Commission after public hearing. Any ensuring operator or condominium or master owners' association with valid authority to act on behalf of the majority of the owners of the Property may €xccute the amending iuvunnnant upon subtniasion of proof of authority to act on b"f 9f tt majority of the owners. Should this Declaration be so modified, amended or released, the City Manager or such authorized designee shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. 12. Fnforeement. Enforcement shall be by action against any parties or person violating, or attempting to violate any GM11 M [ants or ptnvi5100 of Us Dcclaratioa, Tbc prevailing party in 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 attorney at trial and appellate levels. This enforcement provision shall be in addition to any oilier remedies available at law or in equity or both. 13. Anthorh..tton for De_ **atent of 13afldin¢ and Zoning to Withhold Permits sad lnsoeetlons• In the event of a failure to comply with the terms of this Declaration, in addition to any other remedies available, the City is hereby authorized to withhold any further permits and refuse to make any inspections or grant any approvals, until such time as the faille to comply is cured. MA rrwrorsa r 12'W cos Description: Dade,PL Document - nook.Page 26192.1195 Page: 5 of 171 Page 5 of 17 order: 2 Comzentr �.. ,.. �. .,.�... ...., ... .rte.... .....,. �..J (Page 6 of 116) 14. Elation of Remedlte. All rights, remedies and privileges granted herein shell be d be 1r `1G �'u�iQn o °fltemr ea" �6 os`gn°+s R� "m °e�iFV°tan�'p°nrE,F g Ong AcreIMN d€ deemed to be ammulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. 15. Severability. (avalidation of anyone of these covenants, by judgment or Couri, or law, shall in no way affect any of the other provisions of this Declaration, wfiich shall gain in full force and effect W WITNESS WHEREOF, Grantor has executed Grantee accepts this Declaration this _ df rn aT 200b) r •� �Z'�.F.�irYa4C� • OL O ( STATE OF FLOR2DA ) Manatans Ocean Residences LLC, a Florida limited liability company By: By. Name: Its: Date: Addre 1� COUNTY OF MWfl -DARE ) n 200'7 ]fief n A wu w4mowledged before me this _-S dry of m14 , "06, by OcRc m9leron behalf of Mansiana Ocean Residence, id.C, a Florida limited liability company. He personally appealed before me and 19 personally I(nOWn 10 m4 1 GLADYS OTERO MY COMMISSION t OD6<00.8 • EXPIRE$ Fe wary 13. 2011 atu IM50035M 122W2000 Description: Dade.FL Dacunent - book.Page 26192.1195 pave: B of 171 Page 6 of 17 order: 2 Cogent: `v " ^�v.. ....v,-.. (Page 7 of 116) t� tydlam *A- Exr1&a'A' LAO Tha North 1!2 of Lot 77 and all of Lot 7e d TATUMS OCEAN BEACH PART( aomrdblp V3 ttla plat Qlaraof, r r*oor W In Ptet Bolt e, Papa 30. d the Pubft Reoo da of MK&Dade CoLu*. FW&, Wg Pant of ft bb AM duerUmd RrmSegira1Y1p M feet VY%0 d to Ea a morw wwrt or the SoLdh Ern of Lot 76 d the domW eubdhWm, dle m North 11 degrees 17 minMe to aeoonda Fast for a d)eWm of et 1.80 bet to the North &1e of Lot 91, of Bard p14dblslon. Description: Dade,FL Document - aook.Page 26192.1295 Page: 7 of 17 Page 7 of 17 Order: 2 Comment: ._.. ... _.. ... I.. .�... ... .... _ .. .. .. .. ... ..... (Page 8 of 116) 111"11T u�w EXHIBIT 11Bn LEGAL DESCRIPTION: That Portion of the South 20 feet of the Nanh 50 feet of Lot 77, TATUM'S OCEAN BEACH PARK, according to the Plot thereof as recorded in Plat Book 5 at Page 35 of the Public Records of Miami -Dodo County, Florida, lying East of the Easterly right of way line of (Collins Avenue) State Road A -1 -A per State Road Right of Way Map Section 87060 -2104 and lying West of the Erosion Control Une of the Atlantic Ocean as recorded in Plat Book 134, Page 47 of the Public Records of Miami -Dade County, Florida. SURVEYOR'S NOTES: - This site lies In Section 14, Township 52 South, Range 42 East, City of Sunny Isles Beach, Miami -Dade County, Florida. - Bearings hereon are referred to on assumed value of N 01'01'35' E for the East right of way line of State Road A -1 -A, - This is not a 'Boundary Survey' but only a grephic depiction of the description shown hereon. - Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2005- 240 -1. SURVEYORS CERTIFICATION: I hereby certify that this 'Sketch of Description' was made under my responsible charge on December 1, 2006, and meets the Minimum Technical Standards as set forth by the Florida Board of Professionol Sury eyors and Mappers in Chapter 61017 -6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. 70 veld N1dW the State of D. By OWF C.d Na 061923 h Ewx 2005 -240 -1 Na 1006 -202 2++,t 12/4/00 3.310 raided seal of a FWda (Jarred Survoyar end Af pW INC., LS2853 UZOUKIr11M NOTES & CER77FICA770A FORTIN, LFAVY, SKMES, INC. CONSUL77NO ENO)NEERS, SURVEYORS de MAPPERS FLORIDA ClUrrUrCATS OF AtnUnSUZATiON NXZMM : 0000165! 1 so Ne.m� team. 8a /N—th I+Ied e,..oe, Ml rld� SS 162 12 1/06 NONE h Ewx 061923 Na 1006 -202 1 ar 3 Description: Dade,FL Document - Book.Page 26192.1195 Page: 8 of 1T�O Page 8 of 17 Order: 2 Coa_ent: �w' o�" v&J ' � v, , 1n- Lvvvvv, ,r U (Page 9 of 116) �1ti Q4H' 061923 2005 -240 -1 Ibt 12/1/06 3049 BAYVIEW I e .1 --- EXHIBIT "B" I n1 U 0 U F- Z g Q EASEMENT P ORnN, LEAVY, S KILES, INC. CONSUL'nNO ENGRMER.9, SURVEYORS & MAPPERS FLORmA cEaTu CA2s or AUIEARRA2LOM NVmnt 000036!3 1 i0 Numerl 16Em. @acct /NQ1L Mfem! >a� Plo.4i )3168 I 12 1/06 OT TO SCALE 061923 1006 -202 2 6( 3 Descripclon: Dade,rL Document - Book.Page 26152.1195 Page: 9 of 178 Page 9 of 17 Order: 2 .`... v—" ...yv , —.. (Page 10 of 116) 1 I 1 ► DWF 061923 " sn,�--w LT" � - 1 w USE m rT M I LOT176 I 1 I GRAPHIC SCALE i7 N !m I N (a MT) 1 1ne0 - 50 R k ORnN, LEAVY, S KILES, INC. (ONMMM NO HNQE+1Mt8, SURVEYORS & MAPPM FLCUMA Cei'[»ID( W aP Al7TM=lZ.ATWN NVHSEOA; 00003603 180 Nccd~ 163 8t /?4"& Mbm4D-60h. Fl d- 93162 Dcacriptigg; Dadg,PL Document - Book.Page 26192.1195 Page: 10 of 178 Order: 2C.=eot: 1< I I I ► 1 EXHIBIT "B" 1 mum uc � 1 MORIF, UE 6 l0T 70::;?- 0 _ I— T- I I}— ► ` 1 ' �i I I �n ► ► \ OT 791 $i1 I � I iY ► �° 1 ► ► d —60Um ua OF LDT n L A" M m Lee 0; ,DT 73 I '6� I I --- I 1 ► �I I P ► AP"10'RD GoaTAL tp,lpy IK PUT OODtt 7t PAGE P070�E0 �mtuPr,a ,� LOT 791 k ► 1 rj��J ► <G G I �� � sn,�--w LT" � - 1 w USE m rT M I LOT176 I 1 I GRAPHIC SCALE i7 N !m I N (a MT) 1 1ne0 - 50 R k ORnN, LEAVY, S KILES, INC. (ONMMM NO HNQE+1Mt8, SURVEYORS & MAPPM FLCUMA Cei'[»ID( W aP Al7TM=lZ.ATWN NVHSEOA; 00003603 180 Nccd~ 163 8t /?4"& Mbm4D-60h. Fl d- 93162 Dcacriptigg; Dadg,PL Document - Book.Page 26192.1195 Page: 10 of 178 Order: 2C.=eot: 1< I I I ► 1 Page 10 of 17 m Page 10 of 17 (Page 11 of 116) EXHIBIT "C" L€QAL DESCRIRTION: A portion of Lots 77 and 78, TATUM'S OCEAN BEACH PARK, as recorded in Plat Book 5 at Page 35, lying East of the Easterly right of way line of (Collins Avenue) Stale Road A -1 —A per State Road Right of Way Map Section 87060 -2104, all being of the Public Records of Miami —Dade County, Florida, being more particularly described as follows: Begin at the Intersection of the Easterly right of way of (Collins Avenue) State Road A -1 —A and the North line of said Lot 78; thence N86'52'47E along the North line of said Lot 78 for 10.03 feet; thence SOt'01'35'W along a line 10.00 feat East of and parallel to said East right of way line of (Collins Avenue) State Road A -1 —A for 150.39 feet; thence S86'52'47 W along a line being 50.00 feet South of and parallel to the North line of said lot 77 far 10.03 feet; thence N01'01'35'E along said East right of way line of (Collins Avenue) State Road A -1 —A for 150,79 feet to the point of Beginning. SURVEYOR'S NOTES: — This site lies in Section 14, Township 52 South, Range 42 East, City of Sunny Isles Beach, Miami —Dade County, Florida. — Bearings hereon are referred to an assumed value of N 01'01'35' E for the East right of way line of State Road A -1 —A. — This is not a 'Boundary Survey' but only o graphic depfction of the description shown hereon. — Dimensions shown hereon ore boeod on Fortin, Leavy, Skiles, sketch #2005- 240 -1. SURVEYOR'S CERTIFICATION: I hereby certify that this 'Sketch of Description" was made under my responsible charge on December 1, 2006, and meets the Minimum Technical Standards as set forth by the Florida Board of Professional Sury re and Mappers in Chapter 61G17 -6, Florida Administrative Cqde, pursuant to Section 472.02 Florida Statutes. Not ve9d wahat V old 90 010 1e1 rarow seat of a F1a1m Lkw* d 8urwya and MspW By- Surveyor and Mc State of Florida. Lbn117 OWF 1S6 N0 061923 2005 -240 -1 lY�i 12�L /0e S.34Q r'ORTM, LEAVY, S KMES, INC. CONSULTING ENOfNBER.4, SURVEYORS & MAPPERS PLORm CRR7.'W as' AXrrXO3LATMN NU19HEl: 00007637 100 Haserut leeet 34 / Wo W-Wl 18.4�h. � 33162 Description: Dade,FL Docuncnt - Dook.Page 26592.1193 Page: 11 of 17p n Order: 2 Lor._vsnt: \GV IOLlrcnv.CIGV:J VI IV1fGVVVVVV!'T.7U Page 11 of 17 W Description: Dade,FL Docuncnt - Dook.Page 26592.1193 Page: 11 of 17p n Order: 2 Lor._vsnt: \GV IOLlrcnv.CIGV:J VI IV1fGVVVVVV!'T.7U Page 11 of 17 (Page 12 of 116) � vut�= EXHIBIT "C" IT D LOCATION SKETCH 061 FoR-nN, LEavY, S xu.ES, INC. E2005-j240-1 CONSULTING ENGROU S, SURVEYORS & MAPPBRS FLAO&MA t�ATS Or Atrmoll ATION MVM01�: DOOOM 3 /�/O l��yy y,KD3 /pa 3q.a11_]l1] /Rm�p Deacriptzon: Dade,PL Document - Hook.Page 26192.1195 Page :_12_of 19$ Order: 2 Convent: —O E 2/1 06 TO SCALE081923 1006 -203 N 3 Page 12 of 17 (Page 13 of 116) i � I - so.ar I .9017 OF RAY e6tY wqO 8 Z`�6 f z V� JIL< r� b<j � olbG` � I I DWF ad Ah 061923 ai 2005 -240 -1 tsra 12/4100 Jl3 t1111T n/ " EXHIBIT "C" I t�101 Lm or LDf a-)- — I — -I-- I- uead LnL OF l0T 70 S� LM M LOT r 1 Ot � OF LOT TOJ — soum Lila Lm 1 It,LM UC O, M V - -Al' yIre I C I 06 I L 0 T'79 I BSI I UL�FL- - rtana 7 s 5OT Ta I LOT 6 I I I I I I I I I I I � I i III P` I _ �gtCE �/UGAT d 1l� I I IU i I I� I — I I I I i I I O GRAPHIC SCALE i x v 1n N (1r mrJ 1 b>ab 00 R SKETCH OF DESCRIPTION FoRTiN, LEAvY, S KTT.RS, INC. CONSUL'!M ENuum 28, SURV$YORS & MAPPERS TDORMA C=*MWP T Or AIJTMRIZATWH NUbc"SI. O0003M3 180 Nenbert 16016. Sneer / MCC& M7m1 Demb. Fladd& 33162 P6mc 30!- Qii -NDJ / Dei TOS611 -7153 / @off .® Dr 12 1 06 laA /ia 061923 As � 1006 -203 !Sale 3 d 3 �Deacription: Dade,F_L_ _DOC_=ent - S_aok,P_age 16192.1195 Page:_13_of 178 Page 13 of 17 x. Order: 2 Cocnt_ —� (Page 14 of 116) EXHIBIT "D" LEGAL DESCRIPTION: A portion of land lying Easterly of Lots 77 and 78, TATUM'S OCEAN BEACH PARK, according to the plot thereof as recorded in Plat Bock 5 at P096 35 of the Public Records of Miami —Dade County. Florida, bounded on the North by the North fine of said Lot 77; bounded on the East by the EROSION CONTROL LINE OF SUNNY ISLES BEACH, according to the plat thereof as recorded in Plat Book 134, at Page 47, of said Public Records; bounded on the South by the South line of the North 1/2 of said Lot 77; Bounded on the Well by a line 66.23 Went of and parallel to said EROSION CONTROL LINE OF SUNNY ISLES BEACH, being more porticulody described as fonowe; Commence at the Intersection of the Easterly rigght of way of (Collins Avenue) State Road A -1 —A and the North line of said Lot 78; thence N66'52'47 -E along said North line of Lot 78 and its Easterly extension for 318.39 feet to the Point of Beginning, thence continue N86'52'47E along mid North line of said Lot 78 and its Easterly extension, for 66.67 feet to o point on said EROSION CONTROL LINE OF SUNNY ISLES BEACH; thence 50731'25W along said EROSION CONTROL UNE OF SUNNY ISLES BEACH, for 151.01 feet; thence S86'52'47 W along the South fee of the North 1/2 of said Lot 77, for 66.67 feet; thence N0.731'25'E along a line 66.23 feet West of and parallel to void EROSION CONTROL LINE OF SUNNY ISLES BEACH, for 151.01 feet to the Point of Beginning. SURVEYORS NOTES: = This site live in Section 14, Township 52 South, Range 42 East, City of Sunny Isles Beach, Miami —Dade County, Florida. — Bearings hereon are referred to an assumed value of N 01'01'35' E for the East right of way line of State Road A -1 —A — This is not a 'Boundary Survey' but only a graphic depiction of the description shown hereon. Oimensions shown hereon are based on Fortin, Leavy, Stales, sketch 12005- 240 -1. SURVEYOR'S CERTIFICATION: certify that this Sketch of Description' was mode under my responsible charge on December and meets the Minimum Technical Standards as met forth by the Florida Board of Inal 5urvaroro and Mappere in Chapter 61G17 =6, Florida Administrative Cade, pursuant to 472.027, Fiorido_ Statutea. ' lot wed aV1oxA I Mwdl&asas{erd M OeQk el nYsd rd of e Ronde tloerleed &&liar and Meppef Surveyor and Mapper, LS2853 State of Florida. Deveripti6n: Dade,PL Dacaaene - Rook.Page 26192.1195 Page: 14 of 178 Order: 2 Coanent: `� , ou i aye , �vW v' x I -ro me 12/1/06 DESCRIPTION, NOMS & CER-77FiCA1761V DWF J6h tta Chi 061923 FoRmN, LEAvY, S KmEs, iNc. ZN 2005 -240 -1 CONSULTING ENOIIWERS, SURVUYORS & MAPPERS FiAIIIDAC313r1US T13 OF ALrra02=&7MWMAW e: 000476" rkt11P.t It / { /Oe 3:3{D 1 W xo.mxr3 3eieL eaar.3 / Na,ds 11 @�mi 1'leri; ]9odda l31 Q Pbmee SDSd31403lPn SaS -6,71- 713] /lArr1 .00m Deveripti6n: Dade,PL Dacaaene - Rook.Page 26192.1195 Page: 14 of 178 Order: 2 Coanent: `� , ou i aye , �vW v' x I -ro me 12/1/06 SnY NONE J6h tta 061923 Dec Nu 1006 -204 1 of 3 Page 14 of 17 (Page 15 of 116) EXHIBIT "D" owr LOCATION SKETCH C!a Na 061923 FORTw, LEAVY, S KILES, INC. 2005 - 240 -1 CONSULTING ENGUMEtS, SURVEYORS & MAPPERS P1�tIDA �1VI[`A]8 W ALlfHOAl7A170NHlJ�IDt: 00061659 160 SiO�>bra 1661>L 60nat / T7u0 Mlm/ H�a6, Pto�ldi 99161 12/4/063;Stp lbooc 309- 61J- Lw9 /Pne 909.61- 1152 />�aU .o® Description: Dade,PL Documenc - Dook.Page 25192.1195 Page: 15 of 170 Order; 2 Convent: m Q+I 12 1 OB Jon. NOT TO SCALE �� 061923 D"F lJn 1008 -204 Page 15 of 17 (Page 16 of 116) �\/1 . . r a, .r . EXHIBIT "D" I � I L 1 K I KRW LK 0v 1nT n g 50.00' j �.nowoP rao�T a UT Sam orrncru1eoloo<+� I ue�"iarn"� i �j pOM Lme 6 LOT A 8.89' yS� 1JD; 4TE _� — Y� f{p44t�tS _ w1Y I xoRm ue Cr LOT n-f a Q tee I tl 0_ tmT l0fi 3 1 0. r4 Le 1- 10.00' 3 ?sym 8 iP6AdQ 1 1 50.D0' MM aWAY �gg r-- somm ucla !!I I Homi we -rsFim n - �oi I I I • �07 77 I J IPLA ;' K II LOT6 GRAPHIC SCALE N (IIPQT) I b=b E0 01 owe SKETCH OF DESCR1P770N 061923 FoRTIN, LEAvY, S Km Es, INc. 105- 240 -1 CONSULMNGM +GDTIM, %SMVEMPS &M"PER.4 PLMMAO TIMATE OW AUTffi8aATTOPI HUbEWM: 00001633 180 Ncwd w I Nam hd m 9s16 Fi e.&. 31162 l4l0! 3-N Phmc 43ltu 303ST4T1�lf%m�0 mm Danerip Lion: Dada,FL DeewenE = BOOJE.Page 26192.1193 Page! 16 of 170 Order: 2 C=,ent: �'O " aye : , : v 1. D� 12/1/06 Aid W 061923 0-lNm 1006 -204 a.. 3 of a iILOT 7s 14 polfr OF , NB0'6247'E I ��I b I �OILOT 78 �3 VI : I I v�l� �oi I I I • �07 77 I J IPLA ;' K II LOT6 GRAPHIC SCALE N (IIPQT) I b=b E0 01 owe SKETCH OF DESCR1P770N 061923 FoRTIN, LEAvY, S Km Es, INc. 105- 240 -1 CONSULMNGM +GDTIM, %SMVEMPS &M"PER.4 PLMMAO TIMATE OW AUTffi8aATTOPI HUbEWM: 00001633 180 Ncwd w I Nam hd m 9s16 Fi e.&. 31162 l4l0! 3-N Phmc 43ltu 303ST4T1�lf%m�0 mm Danerip Lion: Dada,FL DeewenE = BOOJE.Page 26192.1193 Page! 16 of 170 Order: 2 C=,ent: �'O " aye : , : v 1. D� 12/1/06 Aid W 061923 0-lNm 1006 -204 a.. 3 of a Page 16 of 17 (Page 17 of 116) OR BK 26192 PG 1211 LAST PAGE JOINDER BY MORTGAGEE JOINDER BY MORTGAGEE The undersigned, CommerooWrik, N.A., a national banking association ('Mortgagee'), owner and holder of that certain Amended and Restated Mortgage, Assignment of Rents and Security Agreement and Notice of Future Advances (the 'Mortgage') from Mansiana Ocean Residences LLC, a Florida limited liability company, recorded on January 3, 2007 in Official Records Book 25246, Pages 2897 -2921, of the Public Records of Miami -Dade County, Florida, encumbering and covering all of the Property described in Exhibit 'A' of the attached and foregoing Declaration of Restrictions and Grant of Easements (the'Declarstion'), does hereby execute the Joinder for the sole purpose of consenting to the recording of the Declaration and subordinating the lien of the Mortgage to the provisions of the Declaration. By its execution hereof, Mortgagee does not make any representations or warranties with respect to any matters set forth in or pertaining to the Declaration or undertake any of the obligations or liabilities contained therein. IN WITNESS WHEREOF, these presents have been exe�tted this `Zt"day of }-2007. Signed, sealed and delivered In the presence of. STATE OF FLORIDA COUNTY OF MIAMI -DADE ) foreg mg T� d Q insyur }ant was acknowledge before me by 1 iS Q rYX+2 2 as lvic.7f Y of Commercebank, N. A. ,anationalbankingassociatibf5,on 211 of the association, who is personalty known to me or has produced as identification. 1M ass m� hand and official seat In the County and State aforesaid, on this�2day of �/�qr/s .2007. �- NOTARY PUBLIC, STATE OF My Commission Expires: Nomry Pobx - Sam of FkeCa _ Car -rinim bt.'n M 222010 Ca:v'�isnwl 9 DD 601111 •••'^::4``- aakeCRmyl Na2aW NObry.l -st. Description: Dade,PL Document - Eock.Page 36193.1195 Page: 17 of 170 Page 17 of 17 Order: 2 Co.=0n [: Myy I v, 'ANY t$IEd City of Sunny Isles Beach 18070 Collins Avenue n� Sunnv Isles Beach. Florida 33160 U — x (305) 947 -0606 City Hall • 4 - (305) 949-3 1 13 Fax Sf rD9r LO' 3o�ys,� (305) 947 -2150 Building Department c,r Of SUN ,,o (305) 947 -5107 Fax � � MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Hans Ottinot, City Attorney DATE: October 16. 2014 v� Cin• Commission Norman S. Edelcup, Mayor Isaac Action. Vice Afo)wr Jeanette Gatto. Commissioner Jennifer Levin. Commissioner George "Bud" Scholl. Commissioner Christopher J. Russo. Cin• Manager Hans Ottinot. C1n,Auorner Jane A. II ines. JUIC. Cin, ClerA RE: Termination of Declaration of Restrictions for Property located at 15701 Collins Avenue, Sunny Isles Beach, Florida. RECOMNIENDATION This Resolution is presented for your consideration. REASONS The owner of the property located at 15701 Collins Avenue is seeking to develop the property, which is currently a vacant site. In order to proceed with the development, the owner is seeking the termination of an existing Declaration of Restrictions relating to the Mansiana Project.