HomeMy WebLinkAboutReso 2004-672
RESOLUTION NO. 2004-JU ~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING PARTIAL RELEASE
OF DECLARATION OF USE BETWEEN THE CITY OF SUNNY ISLES
BEACH AND FIVE SEAS INVESTORS, INC., ATTACHED HERETO AS
EXHIBIT "A;" PROVIDING THE MAYOR WITH THE AUTHORITY TO
EXECUTE THE PARTIAL RELEASE; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, a request has been made for the release of a Declaration of Use,
imposed upon a property owned by Five Seas Investors, Inc.; and
WHEREAS, the Declaration of Use was recorded in Official Records
Book16690 at Pages 2980-2987 of the Public Records of Miami-Dade County, Florida;
and
WHEREAS, staff has reviewed the request and has no objection to the request;
NOW THEREFORE, BE IT RESOLVED, BY THE CITY COMMISSION
OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Partial Release. The City Commission hereby approves the
partial release of the Declaration of Use imposed upon the property owned by Five Seas
Investors, Inc., and approves the agreement for partial release of Declaration of Use,
attached hereto as Exhibit "A."
Section 2. Authority of the Mayor. The City Commission hereby gives the Mayor
the authority to execute the partial release of the Declaration of Use attached hereto as
Exhibit "A."
Section 3. Authoritv of the City Manager. The City Manager is hereby directed to
do all things necessary to effectuate this Resolution.
Section 4.
Effective Date. This Resolution becomes effective upon adoption.
PASSED and ADOPTED this 6th day of May, 2004.
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~~~~~
Jane A. Hines; City Clerk
.. .. .-,
Five Seas Partial Release of Declaration of Use 1
Legislation/Resolution
HO:ch 4/29/2004
VOTE: 6-b
Mayor Norman S. Edelcup
Vice Mayor Gerry Goodman
Commissioner Roslyn Brezin
Commissioner Danny Iglesias
Commissioner Lewis Thaler
Five Seas Partial Release of Declaration of Use 2
Legislation/Resolution
HO:ch 4/29/2004
Moved by:
Second by:
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l/(Yes)
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C.6~~ T tf11:L.~
_(No)
_(No)
_(No)
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_(No)
This instrument prepared by:
Stanley B. Price, Esquire
Bilzin Sumberg Baena Price & Axelrod LLP
200 South Biscayne Boulevard
Suite 2500
Miami, FL 33131-2336
PARTIAL RELEASE OF DECLARATION OF USE
THIS PARTIAL RELEASE OF DECLARATION OF USE (this "Partial Release") is
made as of this G:....u.. day of YY\~ ' 2004, by the City of Sunny Isles Beach, a Florida
municipal corporation (the "City"), d Five Seas Investors, Inc., a Flonda corporatIon (the
"Declaran t").
WIT N E SSE T H:
WHEREAS, on February 16, 1995, Declarant executed a Declaration of Use
("Declaration") as the owner of the property located in Miami-Dade County, Florida, described
on attached Exhibit "A" (the "Property"), said Declaration being recorded in Official Records
Book 16690 at Pages 2980-2987 of the Public Records of Miami-Dade County, Florida;
WHEREAS, Paragraph 8 of the Declaration provides in pertinent part that the
"Declaration shall not be modified or revoked without prior approval of the Metropolitan Dade
County Zoning Appeal Board, or its successor, after public hearing;"
WHEREAS, the City incorporated in 1997 and the City Commission is the successor in
interest to the Metropolitan Dade County Zoning Appeals Board by virtue of the City's
incorporation;
WHEREAS, the Declarant filed a public hearing application to rezone a portion of the
Property (Exhibit "B") ("Release Property") for uses different from those set forth in the
original Declaration;
WHEREAS, on May 28, 1998, the City Commission adopted Resolution No. 98-Z-10
approving the rezoning of the Release Property to BU-2 to allow for a proposed parking garage;
WHEREAS, the Declarant filed a public hearing application on the Release Property for
uses different from those set forth in the original Declaration, and on September 21, 2000, the
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City Commission adopted Resolution No. 00-Z-53 approvmg the request to construct a
condominium on the Release Property;
WHEREAS, the Declarant filed a subsequent public hearing application to seek, among
other things, a condominium development on the Release Property, and on February 5,2002, the
City Commission adopted Resolution No. 02-Z-66 approving, among other things, a
condominium development; and
WHEREAS, as part of all three above resolutions, the City Commission incorporated a
condition that "the use be established and maintained in accordance with the approved plans" for
a condominium development; and
WHEREAS, based on the above resolutions, the Declaration of Use is moot as to the
Release Property; and
WHEREAS, on May 6, 2004, the City Commission adopted Resolution No. 2004-672
approving the partial release of the Declaration of Use.
NOW, THEREFORE, in consideration of the above premises, the Release Property
described on attached Exhibit "B" is hereby released and discharged from the original
Declaration and the Release Property described on Exhibit "B" shall no longer be subject to the
operation and effect of the Declaration. The Declaration of Use shall otherwise remain in full
force and effect as to remainder of the Property described on Exhibit "A", less the Release
Property.
IN WITNESS WHEREOF, this Partial Release is executed effective as of the date first
written above.
Pnnt Name:
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Print Name:; /"';,G! ,I--''t
FIVE SEAS INVESTORS, INC., a Florida
corporation,/,]
THO~~ . {I!iti/,
Robert M. Comfeld, Pr en
wac7c"'7/ 3850 Hollywood Blvd., Suite 400
Hollywood, FL 33021
\73265\16723\ # 618290 v 11
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STATE OF FLORIDA
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COUNTY OF MIAMI-DADE
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The foregoing instrument was acknowledged before me this l!..:... day of / /(O,(.h ,
2004 by Robert M. Comfeld, as President and on behalf of Five Seas Investors, Inc.,~ Florida
corporation, who is }?ersonally known to me or pro uced a valid driver's license as identification.
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"'A~ .~
ate of Florida
KAE' 'IT.AS THOMPSON
[NOTARIAL
~ ""fta:,~ KARL DOUGlAS THOMPSON
i*': ~J"'f~ MY COMMISSION # DO 005584
. : : · EXPIRES: May 12, 2005
'.. . .. .Bonded Th.. Notary Public Underwrite"
My commissi
Witnesses:
CITY OF SUNNY ISLES BEACH, FLORIDA
a Florida municipal corporation
~~::: J.~ By:
k>;:d<->?I7/----
/' Print Name:
STATE OF FLORIDA
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ss:
COUNTY OF MIAMI-DADE
i;b.Ue for~g<Wt~sJ~W~nt w~~<arnowledged before me this 12>~ay of ~ ' 2004
by €~3~~a~~Orthe City of Sunny Isles Beach, Florida, on b alf of the
City, who is personally known to me or produced a valid driver's license as identification.
[NOTARIAL SEAL] ~~T Qt... ~c:l o~
Notary Public, State ~Florida
Print Name: priS~i IIq --r-t (e..... Wa.li(.<...Y'
My
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,I ,.. COMMISSION NUMBER
... '~ 00133748
~ ~ MY COMMISSION EXPIRES
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