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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. \... .t t' ~~~~~ 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: vY es) l/(Yes) ~es) ~es) ~es) ~ 1.GL<i:<;'1 *~ C.6~~ T tf11:L.~ _(No) _(No) _(No) _(No) _(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 \73265\16723\ # 618290 vII 51710412:12 PM SIB 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: ", --1 "'<~1 ;.1 ../ "~.> .' . " ..7"-'''"1 'It.-. 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 5n/04l2:l2 PM SIB STATE OF FLORIDA ) ) ) SS: COUNTY OF MIAMI-DADE It~ .-y}1 ~ 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. ) , "'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 ) ) ) 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 SSl It 'Ptv ,.. -~: "<'nFl'rSEAl.<-. J".\lt .<9~ PHlf.';;'..L" , '''.'''''NfJ..KER ,I ,.. COMMISSION NUMBER ... '~ 00133748 ~ ~ MY COMMISSION EXPIRES 006 .I ~-'. r;~ ~~'. .c: : ,: 1"".... .": ) ~,1' t t . f, I ,~.\. AT(i~~; I',; ',. '.... '., I .' I r~)flk.___ ~f:t ~ .. ...... ~.:;'I~ . . ,,7 .. ,.,,~ II . \ ,.' . ., ,\,A' * l,i." ",.- . -~ SIB