HomeMy WebLinkAboutReso 2003-547
RESOLUTION NO.2003- .5!1.J
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, APPROVING A WAIVER OF PLAT APPLICATION FOR THE
PROPERTY LOCATED AT 17001 COLLINS AVENUE, AS MORE FULLY
DESCRIBED IN EXHIBIT 'A'; PROVIDING FOR THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Beverly Towers Inc. has applied for a Waiver of Plat in order to subdivide
one parcel of land into two parcels as described in Exhibit 'A' herein and release of building
documents which are no longer relevant to this site, and
WHEREAS, the City Commission has determined that the Waiver of Plat described in
Exhibit "A" herein meet all the requirements of Chapter 28 of the Code of Miami Dade County,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1, Recitals, The foregoing recitals are true and correct and are incorporated herein
by reference as if they fully set forth herein,
Section 2, AoorovalWaiver of Plat. The City Commission herby approves the waiver of
plat application with the conditions set forth therein; that the approval of the waiver of plat is not
a waiver of any zoning regulations and that this approval is conditioned upon proper execution of
all documents required by the City Attorney's office.
Section 3. Authority of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4, Effective Date This Resolution shall become effective upon adoption.
Waiver of Plat 4/2303 1
JLV/ed
4J\
PASSED AND ADOPTED this~day Of~, 2003.
By:
ATTEST:' ',.
... "J " ')
> '~,::r.:,'} A; >r: _
'.I~ai.(~, ~
<Jane'A. Hihes, Acting City Clerk
, " ' \ ... .
.:, I 0: :.
" r, < ~~
~ :;>.... ,"" ..~~
.. .. ,_;J
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Moved by: Cvmm\S.~\Ol0fR l~hrnA-1\J
Seconded by:C .#)\'vtr{\.\~~'otO<trL "l(;L~1 ~~
VOTE: ~ -'J
Mayor Samson
Vice Mayor Norman S. Ede1cup
Commissioner Gerry Goodman
Commissioner Danny Iglesias
Commissioner Lila Kauffinan
V"'yes _no
Vyes_no
I/Yes no
vy'es-no
\/yes no
Waiver of Plat 4/2303
JL Vied
2
/i /-/
NNy U( Ci Commission
Ok sV
J
City of Sunuy Isles Beach David Samson,Mayor
17070 Collins Avenue, Suite 250 Norman S.Edelcup,ra Mayor
Sunny Isles Beach,Florida 33160 terry Goodman,commissioner
Danny Iglesias,Commissioner
_ Lila Kauffman,Commissioner
(305) 947-0606 City Hall
(305) 949-3113 Fax Christopher J.Russo,Cily Manager
+` ,, v`Lpe,,. X305) 947-2150Building Department Lynn M.Dannheisser,GryAttorney
Jane Hiner, Acting City Clerk
OF 5O X305) 949-5107 Fax
MEMORANDUM
To: The Honorable Mayor and City Corrunission
Front Jorge L.Vera,Zoning Direct
Date: May 6,2003
Re: Waiver of Plat
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution approving the Waiver
of Plat for the property located at 17001 Collins Avenue.
REASONS
The applicant is seeking to subdivide a 400 foot frontage lot, known as the Dunes Hotel, for the
purpose of subdividing the property into one 300 foot lot frontage and with one lot with 100 foot of
frontage which will be combined with additional properties to the north with a unity of title. Under
certain platting requirements the City is still under Chapter 28 of the Code of Miami Dade. The
requested waiver will not require any dedication of roads, highways, streets, alleys or easements and
merely requires the drawing of a straight line running eastward from Collins Avenue to the ocean.
1111111 11111111111111111111 1111111111 11111111
•
C:F-N 243380817633
OR Bk 21784 P9 3207 - 321 Of Noss)
RECORDED 10/31/2003 16:20:14
HARVEY RUVIN. CLERK OF COURT
MIAMI-DADE COUNTY. FLORIDA
This instrument prepared under the supervision of
and when recorded return to:
Brian S.Adler,Esquire
Bilzin Sumberg Baena Price&Axelrod,LLP
200 South Biscayne Boulevard, Suite 2500
Miami,Florida 33131-2336
UNITY OF TITLE
WHEREAS, the undersigned is the Owner of that property described as:
'aoc. a
- 4F
�Rm � 0, SEE EXHIBIT "A"
a- "r
mox
o d y g located in the City of Sunny Isles Beach, Miami-Dade County, Florida, and
Frxom
d
Ga s o o WHEREAS, Owner recognizes and acknowledges that for the public health, welfare,
u oaVa
x m i ? safety or morals, the herein-described property should not be divided into separate parcels
'a$ 3 g 5 g owned by several owners so long as the same is put to the hereinafter use; and
Jyo ue,
szz0k
4. - .0z WHEREAS, In consideration of approval by the City of Sunny Isles Beach of the
3 s 5 N c u Waiver of Plat through Resolution No. 2003-547, and for other good and valuable
}x33
- o? g following manner:
r 7. p- F
s_ : LLa
o• - @ F
I. That said property shall be considered as one plot and parcel of land and that no
a q u F o portion of said plot and parcel of land shall be sold, transferred, devised or assigned
oo L= separately, except in its entirety as one plot or parcel of land.
P4 ~L
• °F 2 2. Notwithstanding the foregoing, the recordation of separate mortgages on each phase
cep; or the sales of individual units in the development subsequent to the recordation of
o$y i` this unity of title shall not be deemed a breach of this unity of title agreement.
Nrm � _
• -m FFp City Use Only
Verified by:
. oily _
0 0" 0 f e Accepted by:
2Hr2,
4 Wh ^'
uoa2m
a , nm
3. Owner further agrees that this condition, restriction and limitation shall be deemed a
covenant running with the land and may be recorded, at Owner's expense, in the Public
Records of Miami-Dade County, Florida and shall remain in full force and effect and be
binding upon the Owner, its heirs, successors, personal representatives and assigns, and
upon all mortgagees or lessees until such time as the same may be released in writing by
the Director of the Department of Planning and Zoning of the City of Sunny Isles Beach,
or such director's designee, 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
of the office in the director's absence.
4. Further provided, however, that a release will be executed when the premises are made to
conform with applicable zoning regulations or the use or structure is removed from the
premises and there is no further reason to maintain the Unity of Title on the public
records.h
�( 7�
I WITNESS WHEREOF, Owner has executed this Agreement this a day of
2003.
Signed, sealed and delivered OROT CITY, L.L.C., a Florida limited
in the presence of: liability pi
� �
By:
w'-t-r-c 1 �, u,�. iI
.r —warier,1
Print Name "� �"L an
Print Name L-g7.12A dzos- t79[A7eirA-
9c� By A
Print Name' `^/ �'l I,, re'6t1� o e Norberto Saal, Manager
Print NameAVC. 2i-.9ZOS - ntiTEffq-
APPROVED AS TO FORM:
City Attorney
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE ) �j /]
The foregoing instrument was acknowledged before me this day of l�ugs , 2003
by Manuel Grosskopf, as Manager of Orot City, L.L.C., a Florida limited liability c mpany. It
is.ersonal ' IcnownaisiutItlitadhas produced Florida driver's license en` as
identification. px„s17
tl`.So0T0402i�'i
�`O0.s..'Md529 NFfi'1; Sir��(}� 2p0S 9c`... �. ` �""/
% ▪ CD 013536 ;oe Notar(Public/ � (/f
i•^y';• '16s poxes to °x� State of Florida at Large
`-A-••:fi,diouit•Cc\i My Commission Expires: 3/29/2C0 5
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me thisp _day of
2003 by Jose Norberto Saal, Manager of Orot City, L.L.C., a Florida limited liab ity company.
He is personally known`Tap t))as produced Florida driver's license V1/45I as
identification. -lit \-- tS0.0.0+����
cO : is N :n'O
Zr 1 U• ch 29,2 .oi'. i ef„ ,
! tt� a�'r qui jJlf� /
* : ..a :*E
=m:• #D0013536 •Q_ Notary ublic
%9s•:tta eon oa State of Florida at Large
�'r c`.
%�qi".o•?Put u ;
t . SEP'17-2r:&3 LS:J3 OR. E.Y. 21784 PG ' :i110
LAST PAGE
EXHIBIT "A "
•
The North 400 feet of Lot or Tract 1, lying East of State Highway ALA
(Collins Avenue) , as shown on tho Plat entitled ^Subdivision of
Government Lot 6 in Section 2, Township 52 South, Range 42 East, and
Government Lots 1, 2 , 3 and portions of Lots 5 and 6, Section 11,
Township 52 South, Range 42 East made by Tatum's Ocean Park Co. ,
according to the map of plat thereof, as recorded in Plat Book 10, at
Page 64, of the Public Records of Miami-Dade County, Florida, Less
the South 300 feet of said Lot or Tract 1.
AND
All of that portion East of Federal Highway A-1-A, of the North 100
feet of the South 200 feet of Lot 2, and all that portion East of
Federal Highway A-1-A of the South 100 feet of Lot 2 , TATUM' S OCEAN
PARK SUBDIVISION, in Sections 2 and 11, Township 52 South, Range 42
East, according to the Plat thereof, recorded in Plat Book 10 , at
Page 64, of the Public Records of Miami-Dade County, Florida_
n11ur11111131 M 1111111111/11 MINIUM
CFN 20O3R0817681
OR Bk 21784 Fss 3211 - 3213( (3p9s
RECORDED 10/31/2003 16:20:14
HARVEY RUVIN, CLERK OF COURT
MIAMI-DADE COUNTY, FLORIDA
This instrument prepared by :
Brian S. Adler, Esq.
Bilzin Sumberg Baena Price & Axelrod LLP
200 South Biscayne Boulevard, Suite 2500
Miami,Florida 33131-2336
(Space Above For Recorder's Use Only)
RELEASE OF UNITY OF TITLE
WHEREAS, a Unity of Title was recorded on August 26, 2003, in Official Records Book
21577 at Pages 1791-1794 of the Public Records of Miami-Dade County, Florida and bearing the
date of August 20, 2003, binding the property described on Exhibit A ("Recorded Unity of
Title"); and
WHEREAS, the Recorded Unity of Title inadvertently attached an incorrect legal
description, and a new unity of title is being recorded containing the correct legal description;
and
WHEREAS, the Recorded Unity of Title authorizes the Director of the Department of
Planning and Zoning of the City of Sunny Isles Beach to release the Recorded Unity of Title; and
WHEREAS, the replacement Unity of Title is being filed with the City of Sunny Isles
Beach and recorded on even date and replaces and supercedes the Recorded Unity of Title.
NOW, THEREFORE, the parcels of real property described in Exhibit "A" attached, are
released and discharged from the Recorded Unity of Title and the Recorded Unity of Title is null
and void as to the legal description described in Exhibit "A".
IN WITNESS WHEREOF, Releasing Party has caused this instrument to be executed
as of this day of 'Orso29. . , 2003.
urge Yea
anning and Zoning Director
y of S nny Isles Beach
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
/rThe foregoing instrument was acknowledged before me this day of
Oa°gra 2003, by JORGEVVERA, as Planning and Zoning Director for the City of
Sunny Isles Beach; such person ' "person-Ty-known to me or has produced as
identification. ,,��// ;�
Sign Name:M • —terra �A ESm7 ''LO
I. NS .
My Commission Expires: o . 'uslic
Serial No. (non- if blank):'
[N TAIL, Iitr
O`1�nPV Poe M ELENA DELGN%LLD
y +` AR < COMMISSION NUMBER
COMMISSION
20
7� 4 MV COMMISSION FIBRES
OF GLO JULY 10.200E
647286
OR BK 21784 PG 3213
LAST PAGE
EXHIBIT "n" I,.CGRI- fJasth'JF eau
The North 400 fat of Lot or Tract 1, lyinv last of State f:subway ALI
(Collins Avenue) , as shown on the Plat entitled "Subdivision of
.Government Tot 6 in auction 2, Township 52 south, Range 42 Etat, and
Government Lott 1, 2 , 3 and portions of Loth S and 6 Seotion 11 ,
Tawnahip S2 South, Naga 42 Tat made by Tatvv,' a Caen eesk Co. ,
according to the map of plat thereof, as recorded in Flat Hook 10, At
Pogo 6-0 , oP the Public Records of Miami-Dade County, Florida, Lena
the south 300 feet of maid Lot pr Tract 1.
AND
PARCEL ft
{no South 20100 feet, Easterly of State Rood A-1—A, as edd Read le recorded
In Not Book 45, at page 39 of the Rubric Records of MIomJ—Dude County,
Florlda, of Tutum'n Ocean Pork Sub dlyision of Government Lot 6, Section 2,
Township 52 South, Range 42 East and Government Lots 5 and 5, Soctinn 11,
Township 52 South, Range 42 East, recorded In Plat Book 10, at page 64 of the
Public Records of Mlleml—bode County, Florida. Sold property bounded CB follows:
Bounded on the West by lee Loslerly line of the above—doecrlhed State Rood
Bounded
as said Line Is recorded East
InPlotyBook 134,the oat pagn e o47 of thl tine ofe Publltco Records Ocean,of
Idlarnl—Daae County, Florida; Rounded on the North by the Northerly line of the
Southerly 200.00 feet of Lot 2, of the above—referenced Tatum's Ocean Park
SubdAlolon; Bounded on the South by the Southerly Zine of referenced Lot 2,
Tatum's Ocean park Subdivision.