HomeMy WebLinkAboutResolution Zoning 00-Z- 48
RESOLUTION NO. OO-Z-48
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE
REQUEST OF MANDALA Y LLC, FOR NON-USE VARIANCES,
SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Mandalay LLC, applied for the following:
1. Non Use Variance of Lot Coverage requirements to permit proposed development with
a lot coverage of 43.8% (40% permitted).
2. Non Use Variance of Floor Area Ratio (F .A.R.) to permit a proposed development with
a total F.A.R and bonuses of 4.05 (maximum 2.5 F.A.R. and possible F.A.R bonuses for a
total F.A.R. of 3.72 permitted)(30% amenities bonus pursuant to Section 33-222(4)(b)(i)
is calculated in the total bonus and floor area ratio).
3. Non Use Variance of Floor Area Ratio (F.A.R.) requiring single floors above 20
M.S.L. not to exceed 0.20 F.A.R. to waive same; to permit single floors with 0.215
F .A.R.
4. Non Use Variance of Setback requirements to permit the proposed tower to setback 0 ft
(25 ft. required) from the bulkhead line.
5. Non U se Variance of Setback requirements to permit the proposed roof deck of parking
garage to setback 0 ft (20 ft. required) from the interior side (south) property line.
6. Non Use Variance of Zoning Regulations as it applies to building obstruction to permit
proposed development to obstruct 75% (75 ft.) of the width of the site above 20 ft. MSL
(50%- 50 ft. obstruction permitted).
7. Non Use Variance of Parking requirements to permit a total of 127 parking spaces (161
spaces required).
8. Non Use Variance of Parking Regulations to permit 23.6% of the parking spaces to be
tandem (20% permitted to be tandem).
9. Non Use Variance of Parking requirements to permit 20 ft of driveway isle between
parking stall lines (22 ft. required).
10. Non Use Variance of Zoning Regulation as it applies to floor area ratio bonuses, to
permit 24% (8,975 sq ft) of the building amenity bonus square footage to be used
towards the apartment units within the building,
Resolution No.: 00-2-48, Mandalay LLe
1
LEGAL:
Lots 95 and 96,and riparian rights thereto, of Tatum's Ocean Beach Park,
according to the plat thereof, recorded in Plat Book 50 Page 76.
LOCATION:
16275 Collins Ave.
And,
WHEREAS, the applicant has withdrawn Request No.7 from consideration by the
Commission; and
WHEREAS, the public hearing of the City Commission was advertised and held as
required by law and all interested parties concerned in the matter were heard, and upon due and
proper consideration having been given to the matter and to the positive recommendations of
both the Zoning and Code Administrator and the Director of Community Planning and
Development with respect to all requests:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, THAT:
1. Request No. 10, Non Use Variance of Zoning Regulation as it applies to floor area ratio
bonuses, to permit 24% (8,975 sq ft) of the building amenity bonus square footage to be used
towards the apartment units within the building is hereby denied.
2. Requests numbers 1 through 6, 8 and 9, for non use variances, are hereby approved,
subject to the following conditions:
a. Request No.2 for Non Use Variance of Floor Area Ratio (F.A.R.) is revised to
permit a maximum floor area ratio of 3.8 for the proposed development in
compliance with the City's Comprehensive Development Plan with a lot size of
140 feet.
b. That the streetscape plans for Collins Avenue be incorporated into this project,
through a cooperative effort with City staff and authorized consultant(s).
c. That the applicant provide the City with an easement, in recordable form, for
between six (6') and ten (10') feet on Collins Avenue, as necessary, for
streetscape and undergrounding of utilities.
d. That a site plan be submitted to and meet with the approval of the Building
Official upon the submittal of an application for a building permit; said plans to
include among other things but not limited thereto, location of structure or
structures, types, sizes and location of signs, light standards, off street parking
areas, exits and entrances, drainage, walls, etc.
e. That in the approval of the plan, the same be substantially in accordance with that
submitted for hearing entitled "Mandalay" prepared by Kobi Karp Architects
Interior Designers, consisting of 13 sheets, dated revised 5/3/00 and as further
modified at this public hearing and landscape plans entitled "Mandalay", prepared
by Witkin Design Group dated 5/13/00.
Resolution No.: 00-2-48, Mandalay LLC
2
f. That the use be established and maintained in accordance with the approved plans
as modified for 168 units with 24,000 square feet of amenity area.
g. That the applicant submit to the Building Official for its review and approval a
landscaping plan which indicates the type and size of plant material prior to the
issuance of a building permit and to be installed prior to the issuance of a
Certificate of Use and Occupancy.
h. That the Applicant provide plans meeting with the approval of the Zoning
Director providing for permanent and safe access for pedestrian and vehicular
traffic within the development and particularly for fire, police, health and
sanitation and other public service personnel and vehicles.
1. That the applicant submit a recordable agreement to the Building Department
which proffers the beach access and landscaping easements over, across, under
and through such easement parcels to the City and that the beach access point and
landscape easements be enhanced to be extremely attractive in keeping with the
nature of the proposed development and that the upkeep of the access point,
walkway and landscape easements be the ongoing responsibility of the hotel
operator.
J. That in the event of multiple ownership a homeowners' association be established
in accordance with applicable regulations to assure that all common areas and
facilities for the use of the residents shall be maintained in continuous and
satisfactory manner, and without expense to the general taxpayer of the City of
Sunny Isles Beach.
k. That the applicant complies with all conditions and requirements of the
Department of Environmental Resources Management (DERM), the Fire
Department and the Florida Department of Transportation.
1. That the applicant constructs an appropriate barrier between the construction and
adjoining properties in order minimize blowing of sand and debris.
m. That the applicant will abide by all City and County ordinances relating to the
hours of operation for construction commencement and termination.
n. That the applicant will use its best effort to minimize vibration and noise during
the construction of the project.
o. That the applicant proffer a covenant to provide a pro-rata share of
undergrounding utilities along the frontage of the property on the public right of
way, pro-rata share for Collins Avenue beautification and for dedication of
easement for beach access.
p. The developer must agree to finance his pro-rata share of long-term beach re-
nourishment costs which may be required as a consequence of the impacts that
this development will have upon the erosion of the adjacent public beach.
q. The developer should be required to provide landscape improvements at and
within the A 1 A right of way corridor to increase the effectiveness of the buffer
zone between this development and the low density residential district located
Resolution No.: 00-2-48, Mandalay LLC
3
directly to the west of this project. Such improvements should be consistent and
compatible with plans prepared by the City's Landscaping Architect.
3. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 18th day of May, 2000.
.F ~
. . '
_J .- .I'~
APPRnVED AS TO FORM
AND LEGAL SUFFICIENCY:
Commissioner Iglesias moved and Vice Mayor Morrow seconded approval of the requested
zoning modifications, and upon a roll call the vote was 4 - 1 in favor:
Mayor Samson --yes ~o
Vice Mayor Morrow V yes _no
Commissioner Iglesias ~es _no
Commissioner Kauffman -0es _no
Commissioner Turetsky JLjres no
Resolution No.: 00-2-48, Mandalay LLe
4
STATE OF FLORIDA )
)ss:
COUNTY OF DADE )
I, RICHARD BROWN-MORILLA, Clerk of the City of Sunny Isles Beach, Florida, do hereby
certify that the above and foregoing is a true and correct copy of Resolution No. 00-Z-48 adopted
by the City Commission at its meeting held on the 18th day of May, 2000.
Issued this 2."~y of ~
,2001.
~\ ~
~
""-.",
...".
. '. 1'>1 ,
~~.. ..'
,# <(. .-.... f
Resolution No.: 00-2-48. Mandalay LLe
5
.
~.~~ 19542 P6. 2383
,
o 1R 116267 2001 MAR 12 15:.U
This instrument prepared by
and when recorded return to:
Stanley B. Price, Esquire
Bilzin Sumberg Dunn Baena Price & Axelrod LLP
2500 First Union Financial Center
200 South Biscayne Boulevard
Miami, Florida 33131-2336
(Space Above For Recorder's Use Only)
DECLARATION OF RESTRICTIONS
WHEREAS, the undersigned, 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:
Lots 95 and 96, and riparian rights thereto, of Tatum's Ocean.
Beach Park, according to the plat thereof, recorded in Plat Book
50 Page 76.
IN ORDER TO ASSURE the City Commission of Sunny Isles Beach, Florida, that the
representations made to them by Owner, during consideration of Public Hearing No. 00-Z-48 , will
be abided by the Owners, their successors or assigns freely, voluntarily and without duress, the
Owners make the following Declaration of Restrictions covering and running with the Property:
(1) That this Declaration shall become final and recorded in the Public Records of
Miami-Dade County conditioned upon the approval of Hearing No. 00-Z-48 by the
City Commission of Sunny Isles Beach, Miami-Dade County, Florida and the tolling
of all applicable appeal periods.
(2) That in the approval of the plan, the same be substantially in accordance with that
submitted for hearing entitled "Mandalay" prepared by Kobi Karp Architects Interior
Designers, consisting of 13 sheets dated stamped received 5/30/00 and as further
modified at this public hearing and landscape plans entitled "Mandalay", prepared by
Witkin Design Group dated 5/13/00.
(3) That a recordable agreement be submitted to and meet with the approval of the
Building Official providing for permanent and safe access for pedestrian and
vehicular traffic within the development and particularly for fire, police, health and
sanitation and other public service personnel and vehicles. Such agreement ~hall be
2%f
2~~ 19542 PG, 2384
Declaration of Restrictions
Page 2
executed by the property owners and any and all parties having an interest in the land,
such as mortgagees, etc.
(4) That the applicant submit a recordable agreement to the Building Department which
proffers the beach access and landscaping easements over, across, under and through
such easement parcels to the City and that the beach access point and landscape
easements be enhanced to be extremely attractive in keeping with the nature ofthe
proposed development and the upkeep ofthe access point, walkway and landscape
easements be the ongoing responsibility ofthe hotel operator.
(5) That the applicant proffer a covenant to provide a pro-rata share of under grounding
utilities along the frontage ofthe property on the public right of way, pro-rata share
for Collins Avenue beautification and for dedication of easement for beach access.
(6) The developer mush agree to finance his pro-rata share of long-term beach re-
nourishment costs which may be required as a consequence fo the impacts that this
development will have upon the erosion of the adjacent public beach.
(7) Impact Fees. The Owners shall pay all applicable impact fees at the time of
application for building permit or application for certificate of use and occupancy as
per the City's Code.
(8) Under~round Utilities. Owner agrees to pay a pro rata share ofthe cost to the City
of under grounding utility lines in the public right-of-way on Collins Avenue based
on linear feet of frontage of the Owner's property in an amount not to exceed $375
per linear foot of Owner's frontage. This sum shall be payable prior to issuance of
certificates of occupancy by the City. These funds shall be earmarked and segregated
by the City to be applied solely for the purpose of converting utility lines on Collins
Avenue to underground facilities. The City shall determine, in its sole discretion, the
schedule for commencement of this undergrounding activity, not to exceed five (5)
years from the date hereof. In the event the City does not proceed with this project
within said time frame, the City shall return the sum volunteered hereunder to the
Owner. The Owner reserves the right during construction to work directly with FPL
and other utility companies to underground the utilities.
(9) City Inspection. As further part of this Declaration, it is hereby understood and
agreed that any official inspector of the City of Sunny Isles Building and Zoning, or
its agents duly authorized, may have the privilege at any time during normal working
hours of entering and inspecting the use of the premises to determine whether or not
the requirements of the building and zoning regulations and the conditions herein
agreed to are being complied with.
~~~ 19542 PG. 2385
Declaration of Restrictions
Page 3
(10) Covenant Runnin2 with the Land. This Declaration on the part of the Owners
shall constitute a covenant running with the land and may be recorded in the public
records of Miami-Dade County, Florida and shall remain in full force and effect and
be binding upon the Owners, and their heirs, successors and assigns 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 future owners of the real
property and for the public welfare.
(11) Term. This Declaration is to run with the land and shall be binding on all parties and
all persons claiming 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 often (10) years each, unless an instrument signed by a majority
of the, then, owner( s) of the Property has been recorded agreeing to change the
covenant in whole, or in part, provided that the Declaration has first been modified
or released by City of Sunny Isles Beach.
(12) Modification. Amendment. Release. This Declaration may be modified, amended
or released as to the land herein described, or any portion thereof, by a written
instrument executed by the, then, owner or a majority of the owners of all of the
Property provided that the same is also approved by the City of Sunny Isles Beach,
Florida.
Should this Declaration be so modified, amended or released, the Director of the City
of Sunny Isles Beach Building and Zoning, or the executive officer of the successor
of such Department, or in the absence of such director or executive officer by the
Director's assistant in charge ofthe office in his absence, shall forthwith execute a
written instrument effectuating and acknowledging such modification, amendment
or release.
(13) Enforcement. Enforcement shall be by action against any parties or person
violating, or attempting to violate, any covenants, the prevailing party in any action
or suit, pertaining to or arising out ofthis 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. This enforcement provision
shall be in addition to any other remedies available at law or in equity or both.
(14) Authorization for Department ofBuildin~ and Zonine to Withhold Permits and
Inspections. In the event payments or improvements are not made in accordance
with the terms of this Declaration, in addition to any other remedies available, the
City of Sunny Isles Beach Department of Building and Zoning is hereby authorized
~~E 19542 PG. 2386
Declaration of Restrictions
Page 4
to withhold any further permits, and refuse to make any inspections or grant any
approvals, until such time as this Declaration is complied with.
(15) Election of Remedies. All rights, remedies and privileges granted herein shall be
deemed to be cumulative and the exercise,of anyone 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.
(16) Presumption of Compliance. Where construction has occurred on the Property or
any portion thereof, pursuant to a lawful permit issued by the City of Sunny Isles
Beach, and inspections made and approval of occupancy given by the City, then such
construction, inspection and approval shall create a rebuttable presumption that the
buildings or structures thus constructed comply with the intent and spirit of this
Declaration.
(17) Severability. Invalidation of anyone of these covenants, by judgment or Court, in
no way shall affect any of the other provisions which shall remain in full force and
effect.
(18) Recordin2. This Declaration shall be filed of record in the public records of Miami-
Dade County, Florida at the cost of the Owners following the adoption by the City
of Sunny Isles Beach of a resolution approving the Application.
Signed, witnessed, executed and acknowledged thi~day of February, 2001.
Witnesses:
Mandalay, L.L.C.
A Florida Limited Liability Company
, ~~
~~.~
Print Name: -r;- (\0-. L. 10'1-
By:
Shawn Lustigman, M
g Partner
Print Name:~ n'2..
\74013\12656\#334197 vI
1/31/0 I
~~E 19542 PG. 2387
Declaration of Restrictions
Page 5
(SEAL)
STATE OF FLORIDA }
COUNTY OF MIAMI-DADE } ss:
The foregoing instrument was acknowledged before me this ~day of February, 2001 by
SHAWN LUSTIGMAN, as Managing Partner of MANDALA Y, L.LC., who is personally known
to me or produced a valid drivers license as identification.
Serial No. (None, ifblank):
Notary Public
Sign Nam
Print Name:
My Commission Expires:
[NOTARIAL SEAL]
RD61l00t'-
OfFICIAL !<ECO
RECORDED ~NTy'. FLOR/OAo
Of DADEo~ERIFIED
RECOR RU\l\~ j
\\~R\lt~RcUIT r.oURT
cLERK
\74013\12656\#334197 vI
1/31/0 I
.~
~~~ 19542 PG, 2388
...
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (the "Agreement") is made and entered into this ~
day of February, 2001, by and between MANDALA Y, L.L.c.., a Florida limited liability company
(hereinafter referred to as "Grantor"), having a post office address of 1110 Brickell Avenue, 7th
Floor, Miami, Florida 33131 and THE CITY OF SUNNY ISLES BEACH, a municipal
subdivision of the State of Florida (hereinafter referred to as "Grantee").
WITNESSETH:
WHEREAS, the Grantor is fee simple title owner and developer of the following described
property, lying and being situate in Miami-Dade County, to wit:
Lots 95 and 96, and riparian rights thereto, of Tatum's Ocean Beach Park,
according to the plat thereof, recorded in Plat Book 50 Page 76.
with an address of 16275 Collins Avenue, Sunny Isles Beach; Florida (hereinafter referred to as the
"Property") and,
WHEREAS, the Grantor is desirous of giving assurance to the Grantee that the property will
be developed substantially in accordance with the spirit and intent ofthe plans submitted to the City
Commission ofthe City of Sunny Isles Beach for a public hearing wherein the zoning and use ofthe
subject property has been approved, unless said plans are modified and/or changed as a result of a
public hearing or other appropriate action by the City; and
WHEREAS, in connection with Grantee's approval of the project, Grantor has agreed to
grant and create, and Grantee desires to obtain, on the terms and conditions hereinafter set forth,
Access Easements (as hereinafter defined) over and across the respective property for purposes
hereinafter set forth;
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged Grantor and Gtantee hereby agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein.
2. Grant of Easement. Grantor hereby grants to Grantee a non-exclusive easement (the
"Easement") in favor of Grantee for streetscape and underground utilities solely as
it pertains to the area located between six (6) and ten (10) feet on Collins Avenue,
as necessary, ofthe Property. Grantor further grants to Grantee the right, at any time
and from time-to-time to:
(a)
Construct, maintain and replace utilities, including, without limitation, water,
sanitary sewer, storm sewer, telecommunication and electric distribution
\74013\12656\#334213 vI
1/3 1/0 I
I
......
....
..
If)
......
N
......
Q::
<I:
:E:
.....
'='
'='
N
00
'<I
N
'<I
'P'I
'P'I
"
'P'I
o
~
t
."
~tt 19542 PG. 2389
.
mains, lines, conduits, pipes and cables, over and under the property in the
said easement area;
(b) Grant easements for any other public utilities covering all portions of said
easement for such uses as will not unreasonably interfere with the easement
herein granted.
(c) Grant a pedestrian easement of twenty (20) feet along the north side of the
Property for the purpose of providing beach access and egress from Collins
Avenue to the public beach area fronting the Atlantic Ocean. Said easement
shall be landscaped by the Grantor in accordance with the approved
landscaped plan and shall be maintained by the Grantor.
Grantee shall pay the costs to repair or replace any of Grantee's installations referred to in Section
(a) above.
4. Design. Construction and Improvements of Easement Property. Grantor and its
successors and assigns hereby agree that said Property shall be developed
substantially in accordance with the spirit and intent ofthe plans entitled "Mandalay"
prepared by Kobi Karp Architects Interior Designers, consisting of 13 sheets dated
stamped received 5/30/00 and as further modified at this public hearing and
landscape plans entitled "Mandalay", prepared by Witkin Design Group dated
5/13/00 and 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. The design of any and all materials to be used
for any and all improvements within the easement shall be presented to the Grantee
for its approval prior to construction of such improvements, which approval shall not
be unreasonably withheld or delayed. Where construction has occurred on said
property pursuant to a permit issued by the City of Sunny Isles Beach and inspections
made and approval of occupancy given by the City, the.same shall create a conclusive
presumption that the buildings thus constructed comply with the intent and spirit of
the master plan and this agreement shall not be construed as clouding the title to any
of said property on which such development has occurred.
5. Maintenance. Grantor shall at all times maintain easement Property (including any
and all improvements which may be constructed thereon from time to time) in good
condition and in safe, clean and reasonably attractive manner. In the event that
Grantor fails to maintain the easement property in the condition described herein,
then Grantee may give notice of default to the Grantor, and the Grantor shall have
thirty (30) days following the date of receipt of such notice to restore the easement
property to the required condition, or in the event the restoration cannot be completed
within such thirty-day (30) period, to commence restoration and diligently pursue
same to completion. In the event Grantor fails to restore or commence restoration
\74013\12656\#334213 vI
113 110 1
2
II-J
2tt 19542 PG. 2390
.,
and diligently pursue same within such thirty-day (30) period, then Grantee may
restore the easement property to its required condition and thereafter Grantor shall
reimburse the Grantee for the costs of such restoration within thirty (30) days
following receipt by the Grantor of an invoice documenting such restoration costs.
Notwithstanding the foregoing, in the event that any repairs, replacements or
maintenance is required as a result of Grantee's misuse or neglect of the easement
property, said repairs, replacements and/or maintenance shall be the obligation ofthe
Grantee at the Grantee's sole cost and expense.
6. Covenant Running with the Land. This agreement shall constitute a covenant
running with the land and will be recorded in the Public Records of Miami-Dade
County, Florida, and shall remain in full force and effect and be binding upon the
heirs, successors, and assigns ofthe respective parties hereto. This agreement may
not be amended, modified or terminated except by written agreement ofthe parties
hereto following a public hearing. Further, no modification or amendment shall be
effective unless in writing and recorded in the Public Records of Miami-Dade
County, Florida, provided, however, to the extent that any portion ofthe property is
submitted to the condominium form of ownership (each portion referred to as a
"Condominium Parcel"), then, as to that portion or portions, the instrument of
amendment or modification shall be executed by the applicable condominium
association(s) in lieu of the fee owners of the Condominium Parcel(s) of the
respective properties and their mortgages. This agreement will remain in effect until
. such time as the same is released by the City Commission ofthe City of Sunny Isles
Beach after a public hearing.
7. Indemnification. Subject to the provisions of Section 768.28, Florida Statutes,
Grantee, its successors and assigns and all parties by virtue of their use of the
easement, shall be deemed to have agreed, to jointly and severally indemnify and
save harmless Grantor, its successors and assigns, from any and all liability,
including reasonable attorneys' fees and court costs arising out of, or in connection
with the improper use of the easement herein granted. The Grantor hereby agrees,
and all parties by virtue oftheir use ofthe easement property shall be deemed to have
agreed, to jointly and severally indemnify, defend and hold harmless the Grantee, its
agents, officers, directors, employees, successors and assigns from and against any
and all liabilities, damages, claims, costs or expenses whatsoever, including
reasonable attorneys' fees and court costs whether suit be brought or any appeals be
taken therefrom, arising from, growing out of, or connecting in any way with failure
of the Grantor to maintain the easement property as described herein.
\74013\12656\#334213 vI
1/3 1/0 I
3
~~~ 19542 PG. 2391
"
IN WITNESS WHEREOF, the Grantor and Grantee have executed this Easement
Agreement as of the day and year first above written.
Grantor:
MANDALAY, L.L.c., a Florida limited liability company
By:
STATE OF FLORIDA }
COUNTY OF MIAMI-DADE } ss:
The foregoing instrument was acknowledged before me thi~ n+ day of February, 200l,QY
SHAWN LUSTIGM~, as ~ana~ng Partn.er of.M~ALA Y, L.LC., who is personallY~~_IU~/;'" ....
to me or produced a valId drivers lIcense as IdentIficatIon. < ....,~",o';...~.. ~'~~~:j~h.. ~...
.1'::.'.'.. ...~~. .< '...... ., "iir..~~.'~. ,'.
..::;; .'.. " :t!;
S .' .~ ~
~,,~ ,..:.J. ~
...... ..-:~~. ~
ioC~
';( ~
Qi"
~~
~
~~
" \\,\\'\
Notary Publ'
Sign N
Print Name:
My Commission Expires:
[SIGNATURE PAGE CONTINUES]
\74013\12656\#334213 vI
1/31/01
4
( .
2~t 19542 PG, 2392
,
.. . P'CII.'\'.
....".,..,...;/":.o,,.,~,
~w> .-
. f
~~
,t..
~
,<
'...... ,
\.~
APPROVED AS TO FORM AND
LEGAL SUFFI NCY
\74013\12656\#334213 vI
1/31/01
Grantee:
By:
RECORDED IN OFFICIAL R!C0AD6 aOOI'
OF DADE COUNTY, FLORJDA.
RECORD VERIFIED
HARVEY RUVIN
CLERK CIRCUIT r;OURT
5
c: I T V
CITY COMMISSION
DAVID SAMSON
MAYOR
LILA KAUFFMAN
VICE MAYOR
DANNY IGLESIAS
COMMISSIONER
CONNIE MORROW
COMMISSIONER
IRVING TURETSKY
COMMISSIONER
Christopher J. Russo
City Manager
Lynn M. Oannheisser
City Attorney
Richard Brown-Morilla
City Clerk
17070 Collins Avenue. Suite 250 . Sunny Isles Beach, FL 33160
TEL: 305 947 0606 . FAX: 305 949 3113
() F
I S L E S
BEACH
~ II N N V
September 5, 2001
Stanley B. Price, Esquire
Bilzin, Sumberg, Dunn, et al.
2500 First Union Financial Center
200 South Biscayne Boulevard
Miami, FL 33131-2336
Resolution No. OO-Z-48. Mandalav. Inc.
Dear Mr. Price:
Enclosed please find a Release of Declaration of Restrictions and a Release,
Termination and Abandonment of Easements, which the City has approved as you
requested. Weare returning these documents to you with the understanding that you
will re-apply to the City Commission to approve the correction of the scrivener's
error regarding the legal description of the referenced property.
This instrument prepared by:
and when recorded return to:
Stanley B. Price, P.A., Esquire
Bilzin Sumberg Dunn Baena Price & Axelrod LLP
2500 First Union Financial Center
200 South Biscayne Boulevard
Miami, Florida 33131-2336
(Space Reserved for Clerk)
RELEASE. TERMINATION AND ABANDONMENT OF EASEMENTS
THE CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation ("City") does hereby
certify, declare and agree as follows:
WHEREAS, the City was granted an easement as to certain property described as:
Lots 95 and 96, and riparian rights thereto, of Tatum's Ocean Beach
Park, according to the plat thereof, recorded in Plat Book 50, Page 76
under that certain Easement Agreement dated February 28,2001, and recorded in Official Records Book
19542, Page 2388 through 2392, Public Records of Miami-Dade County, Florida ("Easement"); and
WHEREAS, said Easement was granted in connection with a zoning application; and
WHEREAS, subsequent to the Easement, a corrected Easement Agreement correcting a scrivener's
error as to the legal description has been proferred to the City of Sunny Isles Beach and will be recorded by
the maker of this instrument and it is no longer necessary to maintain the above-described Easement.
NOW, THEREFORE, the City does hereby release, terminate and forever abandon the Easement
granted above.
IN WITNESS WHEREOF, the City has caused this Release, Termination and Abandonment of
Easements to be executed and delivered as of this -5- day of ~I- ,2001.
CITY OF SUNNY ISLES BEACH, FLORIDA, a
municipal s division of the State of Florida
fJ f"SO
\74013\12656\#521356 vl
7/30/2001
County ~e only
Legal Verified _
Release, Termination and Abandonment of Easements
Page 2
Approved as to Form and
legal sufficiency:
'\ , ~
~~
,
'..,.
. .. r '
Attest: ~~~ ~~\t(....
City Clerk
STATE OF FLORIDA )
)
COUNTY OF MIAMI-DADE )
I hereby certify that on this ~ day of s..,~\a.41(.., 2001, personally appeared before me
Ua.; ~~h-U.. "J""; ~~ ss,o ofthe City of Sunny Isles Beach, who is personally known
~ as C!A ~ KQ.w~ of the City of Sunny Isles Beach, and who executed the
foregoing instrumen and dId acknowledge to me the execution thereof for the uses and purposes
mentioned in hislher capacity as 6' +t H~~ of the City of Sunny Isles Beach.
"'- ~~ -,-~ WtLC~
NOTARY PUBlic, State of Florida
My Commission Expires:
'AR.YSEAL
PRISCILLA TYLER WALKER
NOfARYPUBUC Sf ATE OF FLORIDA
COMMISSION NO. CC1S5083
MY COMMISSION ExP. L Y 24
County use only
\74013\12656\#521356 vl
7/30/2001
Legal Verified
2
RELEASE OF DECLARATION OF RESTRICTIONS
WHEREAS, MANDALA Y, LLC, a Florida limited liability company, by and through its
managing partner, had heretofore executed a Declaration of Restrictions on the following subject
property:
Lots 95 and 96, and reparian rights thereto, of Tatum's Ocean Beach
Park, according to the plat thereof, recorded in Plat Book 50, Page 76.
WHEREAS, said Declaration of Restrictions has been recorded in Official Records Book
19542 at Page 2383 through 2392 of the Public Records of Miami-Dade County, Florida; and
WHEREAS, said Declaration of Restrictions had been executed in connection with a zoning
application; and
WHEREAS, subsequent to the Declaration of Restrictions, a Corrected Declaration of
Restrictions correcting a scrivener's error as to the legal description has been proffered, and it is no
longer necessary to maintain the above-described Declaration of Restrictions on the property.
NOW THEREFORE, in consideration ofthe premises, the said Declaration of Restrictions
is hereby released and declared of no further legal effect, null and void, and the Clerk of the Circuit
Court of Miami-Dade County, Florida is hereby directed to note the same upon the record and
expunge the same from the public record.
DATED at Miami-Dade County, Florida this 2L day of 4~YCA':7r, 2001.
WITNESSES
MANDALAY, LLC., a Florida limited liability
company
.K/A'l /- i/~7/t::'vA,/V"'"
Print Name: ."..., - b '7 --
By:
Shawn Lustigman, M ng Partner
1110 Brickell Ave, 7th Floor
Miami, Florida 33131
~
\74013\12656\#521263 vI
7/30/2001
WITNESSES
CITY OF SUNNY ISLES BEACH, a municipal
subdivision of the State of Florida
~u)~
By:
Name:
Title:
, 'U$SO
~M i!?C-
ATIEST~~..,_<r~~,,~~.<~'.\
CIty Clerk . '" '. '.'.
. '
, ~) "( "
,',
STATE OF FLORIDA )
)
COUNTY OF MIAMI-DADE )
I hereby certify that on this -=--- day of , 2001, personally appeared before me
" . ._ . '_ .-_J'>'-- .~ as of MANDALA Y, L.L.C., a
Florida limited liability company, who executed the foregoing instrument and acknowledged to me
he/she executed this document on behalf of said company, and produced
as identification.
NOTARY PUBLIC, State of Florida
My Commission Expires:
STATE OF FLORIDA )
)
COUNTY OF MIAMI-DADE )
I hereby certify that on this ~ay of ~~s.t', 2001, personally appeared before me
~(l..\Sr4oe~ ~. ~~ of the City of Sunny Isles Beach, who is personally known
to me as C..A "-'1 H C\.I\4 ~ of the City of Sunny Isles Beach, and who executed the
foregoing instrument and did acknowledge to me the execution thereof for the uses and purposes
mentioned in his/her capacity as Q...i.~ t---'lG\ACl. ~ of the City of Sunny Isles Beach.
'> c ~atl0....\~ u)..Jl "'"
NOTARY PUBLIC, tate ofFlonda
My Commission Expires:
\74013\12656\#521263 vI
7/30/2001
EAL
PRISCILLA TYLER WALKER
NOfARYPUBUCsrATE OF FLORIDA
COMMJSSION NO. CC'7S&m
MY COMMISSION ExP. Y 24