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Home My WebLink AboutReso 2004-701 RESOLUTION NO. 2004-!U!L A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE RELEASE OF TWO COVENANTS FOR THE DESERT INN BEACH CLUB, ATTACHED HERETO AS EXHIBIT "A" AND "B"; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a request has been made for the release of two covenants imposed upon the Desert Inn Beach Club situated at 17201 Collins Avenue; and WHEREAS, the Desert Inn Beach Club is no longer operating as an apartment hotel; and WHEREAS, the covenants were recorded in the official records of Miami-Dade as part of a prior zoning approval issued by Miami-Dade; 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. Release of Agreements. The City Commission hereby releases the covenants imposed upon the Desert Inn Beach Club, which are recorded in the Official Records Book 19610 at Page 337 and Official Records Book 19143 at Page 3133. Section 2. Authority of City Manager .The City Commission hereby gives the City Manager the authority to do all things necessary to effectuate this Resolution, Section 3. Effective Date. This Resolution shall become effective upon adoption. +'" ,- \ PASSED AND ADOPTED this:r= day of 5Q.,,~w, 2004 , , j -,'- \" ATTES'T:: ' "~';A.~ Jane A. Hines, City, Clerk 1 APPROVED AS TO FORM AND LEGAL SUFFICIENCY Vote: 5-0 Mayor Norman S. Ede1cup Vice Mayor Gerry Goodman Commissioner Roslyn Brezin Commissioner Danny Iglesias Commissioner Lewis J, Thaler Moved by: Cb~R~L/1J Seconded by: 'lILt. m ~ CO~MPrI\1 L/tY es) v(Y es) V(Yes) ~Yes) V(Yes) _(No) _(No) _(No) _(No) _(No) 2 .~ I. 1 i,,' 1. 0:-- '.' ': .:. :. .:. "1'" i: ~ ~ " .: -..'. ~~~ 19610 PlI. 337 COVE:'tAST THISAOREE~(ENTenleredinIOlhe It' dayof ". ".. I L, 2000, byandbel.....een De.en Inn D~:Ich" Tennis Club Condominium Associalion, a non-prolic corporalion organized in che Slate ot'Florida and h...in. ill principal office all720 I Collins A..'enue, Dade County, Florida. hereinafter referred 10 as "OWSERS" and che City orSunn)'lsles Beach. hereinafter referred 10 as the "CITY", WITh'ESSETH. WHEREAS. the OWNERS are fee simple tille owners of' the follOwing described property, lying, being and situation in Dade County, Florida, co wit: See atcached Exhibit "A" NOW, THEREFORE, Cor good and valuable consideracion., the patties have agreed as Collows; I. ThaI the OWNERS agree 10 dedicate and pro\idc to the public as a beach access che South .5 reec ofche pan:elland described in the attached Exhibit "A", Said pedestrian access shall be maintained by the OWNERS as to allow public pedestrian access from Collins Avenue to the Atlantic Ocean. 2, Thallhis agreement on the part of the OWNERS shall constitute a covenant running wilh the land and wiD be recorded in che public records ofOadc County, Florida, and shall remain in full force and efl'ect and be binding upon che heirs, successors, and assigns of the respective panics hcreco, until such time as the same is modified, amended or released in writing by the City Manaser or h1s1her assignee. , 3. Enforcement Sball bo by action against any parties or person violating or attempting to violate any covenant. Tho prevailing party in any action or suit penaJning to or arising out ofchis rtkt" ill J, 1. /(tJ se;ytN 'f;NeltJM h1. S~ 1; ,sa) II d ,t:'L 4;,,;. HI" IJ'..{ \7 3'3/6""" -. t. EXHIBIT A ......- ..~ ,~ ~~t 19610 PG, :ia~ Co\'c:nant shall be entitled 10 r"OVer in addilion to COSI and disbursemenu allowed by law, such sum as the! Court may adjudge: to ~ reasonable for Ih~ senices of Ihis attomt) This enforcement pro\ision shall be in addition to any olher remedy available by law in equity or bOlh. 4 Successors and Assillns This Agreement shall be! binding upon and inure to the benetit of the parties herelo and their respecli..e successors and assisns Wilnesses: DESERT INN BEACH "TENNIS CLUB CONDOMINIUM ASSOCIATION I . / J /: B)": \/~.(.lA.it.. .' /hu.'fI I'} Roscndo J. -FWiijOrJ:Prcsldem'-.-"--- , /f ATTEST: ~ . ~ 8)': ~-=:'-A'...l".?te/~-c.c!-" SiaRllurc . S"rclllry Print Name STATE OFFLORIDA ) ):55 COUNTY OF MIA.\oU.OADE) Before me. tho "~ndersisned authority. this day appeared Rosendo 1. Fundora. II President, and. l\(:.tJ,t, ::n "0_ .uSecretaryoroesertIMBeach&TennlIClubCondominlum Association, a Florida non-profit corporal ion, are known by me to be Ihe persons described in and which executed the foresoins instt\.lment, the said officers lhereofwho, in their official capacities II such officers of said corporation executed, sisned and dewered the said instNment II the act and deed of said corporalion, and that said officers of said corporalion then and there severaUy acknowledged to and before me that they executed the said instrument, acting in their said ofllc/a! capacities, for and u to the act and deed of said corporation and in its name. and impressed thereon its corporate seal, for the uses and purposes therein mlnlioned, and after bans duly authorized and directed, WITNESS my hand and official seal at'Z:)ot.4 e,;.. Nt;/- i!1lhoc:ounty ~aroresaid ~n this 1/ day of AJI'I2/f.. . 2001 ..J.~- ~_~ =- ,.~"~ publi~~ra~ ptFJQ!ida at tarse Name: Jv'-JittAt' )I,\&vR,1 C(,IV~ OK . ': ,. .. .. -.F ' .... My conunission expires: ~..,...,...,.."....,.....,.....,.....v...v.... _...." . '....."'..."....,~ :; ...,. Julian" l'nllquC'1 ~ i hJto NOWI) ....11I,., su.. 011 !..IlU ~ ::;1..~ Co_.'IOIIS, C"C"M'IDI ~ j: 'tor"ll'"MrrMlmi'.,....P.\~ 'I' :0"1 ~ ~ ""'4"-" .,, ,..- ~.. ". a "'"..".,.. ~ ~. .. . eo. 2 ~ .... ~ EXHIBIT A . 4 L- -.. ~~E19610PG, 339 EXHIBIT "A" Thai part of the soulherty 300,00 feet of the nonberly 400 feet of Loe 2, 1);08 easterly of Stat. Road A-I-A. A.K.A. State Road No. \40, Ocean Boulevard and CoWns Avenue. Said road recorded in Plat Book 45, at Page 66 of the public records ofOade County, Florida.. LOI 2 being a pan of Tatum's Subdivision, recorded in Plat Book 10 at Page 64 ofche public recordsofOade Couney, Florida. Propeny is bounded as rollows Bounded on the westerly side by che easterly line of State Road A- \,A; bounded on the easterly sid. by the Erosion Control Une of the Atlantic Ocean. said 6ne recorded ill Plat Book 134, at pase 47 orlhe public records ofOlde County, F10rldL Bounded on the nonherl)' side by a line parallel to and 100.00 feet southerly of the nonberly line of said Lot 2~ Bounded on the southerly side by a line parallel to and 400 feellOutherly of lhe northerly line of said Lot 2. Address: 1720 I Collins Avenue, SUMY (Sles, Florida ~..__...... QlI_~ "-CIIID\ IliIICClI'lD WII.NG HARVEY RUVlN ctsur C/1lCUt1' COIIRr .... , EXHIBIT A ; 2~~ 19143 PG. 3133 COVENANT TInS AGREEMENT entered into the "~day of J'~ ,,15 .2000, by and between Desen 1M Beach & Tennis Club Condominium Association, a non-profit corporation orsanizecl in the State of Florida and havinS its principal oftice at 17201 CoUins Avenue. Dade County. Florida. hereinafter referred to as "OWNERS" and the City of SUMY Isles Beach, hereinafter referred to as the "CITY". WITNESSETH: WHEREAS, the OWNERS are fee simple title owners of the following described property, lying. being and situation in Dade County. Florida. to wit: See anached Exhibit "A" NOW. THEREFORE. for good and valuable consideration. the panies have agreed as fonows: 1. That the OWNERS agree to dedicate and provide to the public as a beach access the South S teet of the parcel land described in the attached Exhibit "A". Said pedestrian access shall be maintained by the OWNERS as to allow public pedestrian access trom Collins Avenue to the Atlantic Ocean. 2. That this agreement on the part of the OWNERS shall constitute a covenant running with the land and will be recorded in the public records ofCade County. Florida, and shall mnain in full force and effect and be binding upon the heirs. successors, and assigns of the respecdve parties 01 . hereto. until such time as the same is modified. amended or released in writing by the C:ty Manager or hislher assignee. 3. Enforcement, Shall be by action against any parties or person violatins or attemptins to violate IIIl)' COVClllUlt. The Prcvailio8 party in any action or suit pertainins to or arising out ortros 1J..,/,,'.R J.1. I ~rJse4/,p 'f;N~QAA-~ ~.;z. 7; .$ alII tJ ~L 4fl,,, ""~' ~ 7'3/~.J"" '~--'-"::'-:.~~,.. ~:. ....' -.--r--:T':...... ..:.=r......:,.: .......'... _., ... ^. 1'.. EXHIBIT B " "., .~ .... .... t":,~ <.:' ::~ ," .;:,) ,~. ,,. ,.) r.o l"'l \'~, .;:. .,J IS'" .J... . .... . . . , - ~~~ 191..13 PG. 3134 covenant shall be entitled to recover in addition to cost and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the ser.ices of this attorney. This enforcement provision shall be in addition to any other remedy available by law in equit). or both. 4, Successors and Assi~s. This Agreement shall be binding upon and inure to tilt benefit of the parties hereto and their respective successors and assigns, ATTEST: , By: ~~-"'~~~ BeN I To '!) i It Z ,retary STATE OF FLORIDA ) ):ss COUNTY OF MlAMI-DADE) Before 1Jl~ the undersigned authority. this day appeared Rosendo J, Fundora, as President, and SeAl; TO :i:h'~~ . as Secretaryomesen1M Beach& Tennis Club Condominium Association. a Florida non-profit corporation. are known by me to be the persons descn'bed in and which executed the foregoins instrument. the said officers tbereof who. in their official capacities as such officers of said corporation ClCccuted. signed and delivered the said instnunent as the act and deed of said corporation, and that said officers of said corporation then and there severally acknowledged to and before me that they executed tbe said instrument, actins in their said official capacities, for and as to the act and deed of said corporation and in its name, and impressed thereon its corporate seal, for the uses and purposes therein mentioned. and after beinS duly authorized and directed. WITNESS my hand and official seal at on this L day of :.:II/AlE. 2000, # /A"'II . in the county and state aforesaid -. My commillllioD.~rV!~: _ . . .,.,. v." ,."""JiI..v.. _ .. >>. _ .... ~ {ii luliM A. EMI\IICZ =t ~ to Nowy I'labllc. SIIIC of Floncla ~ ~'" r~ CoftlllliulOllNo.CC647104 :t ~ "'OJ",cI"MyComml"'OllEq.51I~'lOOI ~ ~ ~ ~..~~.~~,~~,,!~~~..:' J . '. Large Name: ~ r.v-;.ca/:.-Qo/GZ ..,- - . ~. .\..Ia IJ 13 \..' t, . ~..... ..1"..... " " ~., '.... f , ..:C c; t~. "'.'ht.."" 2 .-- ''':' -:-',' . . EXHIBIT B \.. .' -. ........ . (:::... OFF 191Ll:.l PG. 3135 REC' EXHIBiT MAIO That part of the southerly 300.00 feet of the northerly 400 feet of Lot 2. lying easterly of State Road A-I.A, A.K.A. State Road No, 140. Ocean Boulevard and Collins Avenue. Said road recorded in Plat Book 45, at Page 66 of tile public records orcade County, Florida, Lot 2 beinS a pan ofTaturn's Subdivision. recorded in Plat Book 10 at Page 64 of the public records of Dade County. Florida. Property is bounded as follows Bounded on the westerly side by tbe easterly line of State Road A- I.A; bounded on the easterly side by the Erosion Control Line of the Adantic Ocean. said line recorded in Plat Book 134. at pase 47 of the public recordlofDade County. Florida. Bounded on the northerly side by a liDe parallel to and 100.00 feet southerly of the northerly line of said Lot 2~ Bounded on the lOutberly side by a tine paralld to and 400 feet southerly or the northerly line of said Lot 2. Address: 17201 CoUins Avenue. Sunny Isles. Florida ~"0'f'IQlL~8CICW Oi"_~. ,,"-- 46eoto _.0 HARVEY RUVlN Cl.6F1I( CIRCUIT COVRr . ......;.. -- ~~=--=~~':-~~.:"':"":": ...:....- --=-:'':.:.:':' :""'.--.":'.- ._._..=..:"_-='......:':"~.";I.n=.a'~---;:::;;r:- ), . " . , EXHIBIT B . .' .1, ., ..', . , .~-. suSNY isze CitY y of Sunn Isles Beach City Commission Norman S.Edeleup,.Nayor V° e 17070 Collins Avenue, Suite 250 Gerry Goodman,re1 SIOner Sunny Isles Beach, Florida 33160 aosyn n Danny lRlesias c Iglesias.Commissioner zi Lewis J.Thaler. X305) 947-0606 City Hall Commissioner o � as) 949-3113 Fax n:topher J.Russo,City.Manager "Op` o X305) 947-2150 Building Deportment Lynn M.Dannhelsser,Ory Attorney OF :° X3051 949-5107 Fax Jane nines, CM Clerk MEMORANDUM To: The Honorable Mayor and City Commission From Jorge L. Vera, Planning and Zoning Administrator Date: September 9, 2004 Re: Release of Covenants RECOMMENDATION The attached covenants is presented to the City Commission for consideration REASONS The owners of the property known as the Desert Inn Hotel and Beach Club are requesting this Commission to release two Covenants approving the beach access easement that related to the prior apartment hotel use on the property. The owners will be submitting a new Declaration of Use and the granting of beach access and landscape easements in connection with the new approved plans. The property is no longer operational under the Miami Dade County approval; in fact the building is demolished. Therefore, there is no detrimental effect to a release at this time in order for the owner to clear title on the property. Agenda Item Date