HomeMy WebLinkAboutReso 2015-2384 RESOLUTION NO. 2015- 238t4
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING THE RELEASE
AND CANCELLATION OF THE DECLARATION OF
RESTRICTIONS RECORDED IN O.R. BOOK 26192, PAGE 1229;
PROVIDING THE CITY MANAGER AND CITY ATTORNEY
WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on or about March 4, 2009, the Florida Department of Environmental
Protection ("DEP") provided the City with certain grant funds under the Florida Recreation
Development Assistance Program, DEP Agreement No. A9033 (the "Grant"); and
WHEREAS, the purpose of the Grant was to assist the City in its acquisition and/or
development of a parcel of land commonly known as Bella Vista Park for a public park and
marina; and
WHEREAS, the subject land is described in the Declaration of Restrictions recorded in
O.R. Book 26192, Page 1229, of the Public Records of Miami-Dade County, Florida (the
"Declaration") ; and
WHEREAS, the City Commission wishes to terminate the Declaration of Restrictions in
order to sell the subject land.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA,AS FOLLOWS:
Section 1. Approving the Release and Cancellation of the Declaration of Restrictions. The
City Commission hereby authorizes the release and cancellation of the Declaration of
Restrictions recorded in O.R. Book 26192, Page 1229 of the Public Records of Miami-Dade
County, Florida.
Section 2. Authorization of City Manager and 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 14" day of ' 2015
George H. `choll, Mayor
Approving The Release And Cancellation Of Declaration 500 Sunny Isles Blvd.Doc Page 1 of 2
ATTEST:
Jane • . •roes, City. Cl-rk, MMC
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
LA filL A
41F in R�ty Attorney
Moved by: ___6111030
Seconded by: V t y 6A1TO
Vote: —Q
Mayor Scholl Yes) (No)
Vice Mayor Gatto (Yes) (No)
Commissioner Aelion Yes) (No)
Commissioner Goldman Yes) (No)
Commissioner Levin (Yes) (No)
Approving The Release And Cancellation Of Declaration 500 Sunny Isles Blvd..Doc Page 2 of 2
111111111111111111111111111 1111!1111111111111
CFN 2131 Rn241-2'90
OR Bk 29572 Pas 2744 - 2746i (3pas)
RECORDED 1)4/15/2015 11:27:18
HARVEY RUVIN, CLERK OF COURT
Prepared by: MIAMI-DADE COUNTY. FLORIDA
Jo Claire Spear,Senior Attorney
Office of General Counsel
Florida Department of Environmental Protection
3900 Commonwealth Blvd.,MS#35
Tallahassee,FL 32399-3000 , ,
After recording,return to:
Hans Ottinot,City Attorney
The City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach,Florida 33160
Property Appraiser's Parcel No.:31-2214-007-0210
RELEASE AND CANCELLATION
OF DECLARATION OF RESTRICTIONS
RECORDED IN O.R. BOOK 26192, PAGE 1229
THIS RELEASE AND CANCELLATION OF DECLARATION OF RESTRICTIONS
("Release") is given by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION ("DEP"), 3800 Commonwealth Blvd, Mail Station 550, Tallahassee, Florida 32399-
3000, in favor of the CITY OF SUNNY ISLES BEACH (`'City"), its successors and assigns, and is
executed with reference to the following facts:
WITNESSETH:
WHEREAS, on or about March 4, 2009, the DEP provided the City with certain grant
funds under the Florida Recreation Development Assistance Program, DEP Agreement No.
A9033 (the "Grant").
WHEREAS, the purpose of the Grant was to assist the City in its acquisition and/or
development of a parcel of land for a public park and marina:
WHEREAS, the subject land is described in the Declaration of Restrictions recorded in
O.R. Book 26192, Page 1229, of the public records of Miami-Dade County, Florida (the
"Declaration"), as follows:
Lot 22, Island 22, in Vista Island, Second Revised Plat of BELLA VISTA
SUBDIVISION, as recorded in Plat Book 50, at page 76 of the Public
Records of Miami-Dade County, Florida
(the "Property").
1
WHEREAS. the City desires to sell or to otherwise use the Property for other than DEP
approved recreational uses.
WHEREAS. Paragraph (3) of the Declaration requires that in such instance. the City must
refund the grant funds. with interest. to the DEP.
WHEREAS. on or about even date herewith. the DEP has received the full repayment of
the Grant. together with the required interest.
NOW THEREFORE, the DEP acknowledges that it has received the full repayment of
the Grant, together with the required interest. The DEP does hereby cancel the Declaration and
release the Property from the encumbrance of the Declaration. and directs the Clerk of Court in
and for Miami-Dade County. Florida to cancel the same of record.
IN WITNESS WHEREOF, the undersigned has caused this Release and Cancellation of
Declaration of Restrictions to be executed as of the day and year set forth below.
Witnesses: STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
•
By: /.—
Print Ny j,.-: malt .7j 4 J ¶L letter . as .Ui rrc?Or
�� "�"c�•q Office of Operations
Print Name: v r , �e.ev-C-
Approved as to form and legality:
Dep•0 ttorney '��7��
(See following page for notarial acknowledgement.)
OR BK 29578 PG 2746
LAST PAGE
STATE OF FLORIDA
COUNTY OF LEON
1
The foregoing was acknowledged before me this I3 P' day of Marelti , 2015 by
rvt'e.rcda""r as 1::)% o r , Office of Operations, Florida
Department of Environmental Protection. He/she is personally known to me.
Notary Public. ate of Florida
SHERYL P.BOUTIN Serial # 5E. 4s S a a S
• = Commssion#EE852257 My Commission Expires Yyln., 3 aOI S
• a Ma 3,2015 �t
Expires Y.
1t• -9 Bud1d linTmIFm Ferx+NpJ&-1919
(NOTARY SEAL)
3
' - - 1 111111 11111 11111 11111 111 11 11111 11111 1111 1111
This inslranentprgtaredby and Mani to:
CFN 2448R4487500
Hans Minot,City Attorney DR Bk 26192 Pas 1229 — 12321 (4PIS)
City of Sunny Isles Beach RECORDED 02/01/200B 10:03101
18070 Collins Avenue HARVEY RUVIN. CLERK OF COURT
Sunny Isles Bcach,FL 33160 MIAMI-DADE COUNTY, FLORIDA
DECLARATION OF RESTRICTIONS
The undersigned 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:
Lot 22, Island 22, in Vista Island, Second Revised Plat of
BELLA VISTA SUBDIVISION, as recorded in Plat Book 50,
at page 76 of the Public Records of Miami-Dade County,
Florida.
WHEREAS, the City of Sunny Isles Beach ("City") has entered into project grant
agreements with the Florida Department of Environmental Protection ("DEP") whereby DEP
agreed to provide the City with grant funds to acquire and/or develop land for public parks;and
WHEREAS,the City has used the grant funds to acquire and/or develop the property as
a Public Park and Marina;and
WHEREAS, as a condition of receiving the grants from DEP, the City is required to
dedicate in perpetuity the property as a Public Park and Marina for outdoor recreation and for the
use and benefit of the public;and
WHEREAS, pursuant to the Project Grant Agreement, the City wishes to dedicate in
perpetuity the property as a Public Park and Marina for outdoor recreation and for the use and
benefit of the public;
NOW THEREFORE, in order to assure the Florida Department of Environmental
Protection("DEP")that the terms and conditions set forth in the project grant agreement will be
abided by the City freely, voluntarily and without duress, the City hereby makes the following
Declaration of Restrictions covering and running with the Property:
(1) Effectiveness of Declaration. This Declaration shall become final and be recorded
upon the Public Records of Miami-Dade County.
1
it
Book26192/Page1229 CFN#20080087500 Page 1 of 4
if ' .
(2) Dedication. The City hereby dedicates in Perpetuity, the Property, legally described
above and located at 500 Sunny Isles Boulevard,Florida,as a Public Park and Marina
for recreation purposes and for the use and benefit of the public.
(3) Limitation of Use. The Property indentified in Exhibit "A" has been acquired for
development by the City with
financial assistance provided by the Florida Department of Environmental Protection
("DEP") in accordance with the Project Agreement. Pursuant to DEP's rules, land
already owned and then developed,or land acquired by the project sponsor with grant
assistance, shall be dedicated in perpetuity as an outdoor recreation area for the use
and benefit of the general public. Leased land developed by the project sponsor with
program assistance shall be dedicated as an outdoor recreation area for the general
public for a minimum of twenty-five (25) years after completion of development. If
the City should convert any part of the property, whether acquired or developed with
grant assistance, to other than DEP approved recreational uses,the City shall replace
the property at its own expense with a DEP approved property of comparable or
greater size and quality. In lieu of such replacement,DEP may require return of grant
funds disbursed to the project sponsor. Grant funds shall be refunded with interest,
calculated at two percent (2%) over the prevailing prime rate as reported by the
Federal Reserve.
(4) Covenant Running-With-The-Land. This Declaration on the part of the City shall
constitute a Covenant-Running-With-The-Land 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 Owner, and its successors and/or assigns until such time as the
same is modified or released pursuant to the terms hereof. These restrictions shall
inure to the benefit of, and limitation upon,all present and future owners of the real
property and for the public welfare.
(5) Term. This Declaration shall be in perpetuity and shall be binding on all parties and
all persons claiming under it unless the Project Grant Agreement is terminated or
modified by either party.
(6) Modification, Amendment, Release. In the event the Project Grant Agreement
requires that this Declaration be modified, then, and only in that event, may this
Declaration be modified,amended or released as to the land herein described. Should
this Declaration be so modified, amended or released pursuant to the Project Grant
Agreement,the City agrees to comply with the Project Agreement.
(7) Enforcement. Enforcement shall be by action against any parties or person violating,
or attempting to violate, any provision of this Declaration. This Declaration is not
intended and should not be construed to confer any rights on any third parties other
than the City and DEP. The 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
2
Book26192/Page1230 CFN#20080087500 Page 2 of 4
I- J' .
for the services of its attorney, at trial and appeal. This enforcement provision shall
be in addition to any other remedies available at law or in equity or both_
(8) Election of Remedies. All rights remedies and privileges granted herein shall be
deemed to be cumulative 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.
(9) Severability. Invalidation of any one of these covenants,by judgment or Court,shall
in no way affect any of the other provisions, which shall remain in full force and
effect.
(10) Recording. This Declaration shall be filed of record in the public records of Miami-
Dade County,Florida at the cost of the City.
SIGNED, WITNESSED,executed and acknowledged this t34.4% day of -brr eine j eY"
2007.
CITY OF SUNNY ISLES BEACH
B :
y
Norman S.Ede
ATTEST: APPROV D AS TO FORM
AN E!A ICIENCY:
ilffIrAN
Jane A. Hines,CMC,City Clerk • • •I knot,City -ttorney
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
THE FOREGOING Declaration of Restrictions was acknowledged before me this I 544%
day of 2007, by Norman S. Edelcup, Mayor of the City of Sunny
Isles Beach who is personally known to me.
-T • .
Notary Public 4
My Commission Expires:
I raun,wwicstateotfiaae
f�� PrbdiVeTyrlerWalker
a 2 My Comm4K,bn D0548519
?p
OF Expires 0 7/24/2010
3
Book26192/Page1231 CFN#20080087500 Page 3 of 4
OR BK 24192 PG 1232
} ;.
• ' LAST PAGE
EXHIBIT"A"
LEGAL DESCRIPTION OF THE PROPERTY
Location: 500 Sunny Isles Boulevard
Sunny Isles Beach,Florida,33160
The land is described as follows:
Lot 22, Island 22, in Vista Island, Second Revised Plat of BELLA VISTA
SUBDIVISION, as recorded in Plat Book 50, Page 76 of the public Records of Miami-
Dade County, Florida. Also, all the right, title and interest of the Grantors and
predecessor in title, Edward A. Griffin and Edna M. Griffin, his wife, and Otto G.
Neumann and Gertrude L. Neumann, his wife, if any, in and to the following described
property,which includes a portion of the foregoing described property,to wit:
Beginning at a point on the NE corner of Lot 22, of the Second Revised Plat of BELLA
VISTA SUBDIVISION, recorded in Plat Book 50, Page 76, of the Public Records of
Miami-Dade County, Florida, proceed North 86 degrees 7'50" West for a distance of
220.90 feet to a point on the East right of way line of the Intracoastal Waterway, as
shown on the above mentioned plat; thence proceed South 3 degrees 25'29" East for a
distance of 170.24 feet to a point; thence proceed South 70 degrees 22'27" East for a
distance of 165.30 feet to a point; thence run North 14 degrees 35'25" East for a distance
of 216.62 feet to a Point of Beginning.
Said land being set forth in the Second Revised Plat of BELLA VISTA SUBDIVISION,
as recorded in Plat Book 50,Page 76,Public Records of Miami-Dade County,Florida.
Book26192/Page1232 CFN#20080087500 Page 4 of 4
�sk04" 1'544, Cit of Suns Isles Beach " City droll,Mayor
s y Y George"Bud"Scholl,Mayor
° �-«x, ,F 18070 Collins Avenue, Suite 250 Jeanette Gatto,Vice Mayor
ti 9 Isaac Aelion Commissioner
u J i Sunny Isles Beach, Florida 33160 Dana Goldman Commissioner
(305)947-0606 City Hall Jennifer Levin,Commissioner
**\ —' ** (305)949-3113 Fax
r .9 `- P Christopher J.Russo City Manager
' 9)* F LO��O ' (305)947-2150 Building Department
r �� (305)947-5107 Fax Hans Ottinot,City Attorney
y o F sus " Jane A.Hines,MMC,City Clerk
MEMORANDUM
TO: Honorable Mayor and City Commission
FROM: Christopher J. Russo, City Manager
DATE: February 19, 2015
RE: Resolutions Authorizing the Grant Pay-Off to the Department of Environmental
Protection and Approving the Release and Cancellation of Declaration of
Restrictions for 500 Sunny Isles Boulevard
RECOMMENDATION
It is recommended that the City Commission approve this Resolution.
REASONS
In order to sell the property commonly known as Bella Vista Park, the City is required to refund
the Grant funds to the Department of Environmental Protection. The City was provided with a
Grant Pay-Off amount plus interest.
Agenda Item I 01
Date 2-_ iq- I5