HomeMy WebLinkAboutReso 2005-756
RESOLUTION NO. 2005-1 S&,
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING THE RELEASE
OF REMAINDER TRACT "D" FROM UNITY OF TITLE
AGREEMENT FOR 17070 COLLINS AVENUE SHOPPING
CENTER, LTD., LEGALLY DESCRIBED AS TRACTS "A", "B",
"C", AND "D" OF RK MARINA APARTMENTS PLAT BOOK 157
PAGE 70 AND ACCEPTING A W AIVERlEXTINGUISHMENT OF
DEVELOPMENTIDENSITY RIGHTS, ATTACHED HERETO AS
EXHIBIT "I"; PROVIDING THE MAYOR TO EXECUTE THE
RELEASE AND AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, a request has been made for the release of a Unity Title imposed upon the
property situated at 171 00 North Bay Road, alk/a Porto Bellagio; and
WHEREAS, the Unity of Title was recorded in Official Record Book 19830 Page 1497
in the official records of Miami-Dade.
WHEREAS, staffhas 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 Unity of Title. The City Commission hereby releases Remainder Tract
"D" (described in Exhibit "I") from the original Unity of Title imposed upon the property, which
was recorded in the Official Records Book 19830 at Page 1497 legally described as Tracts A, B,
C and D of RK Marina Apartments Plat Book 157 Page 70, and accepts the
Waiver/Extinguishment of Development/Density Rights, attached hereto as Exhibit "2".
Section 2. Authority of Mavor The City Commission hereby gives the Mayor the authority
to execute the release of the Agreement and authorizing the City Manager to do all things
necessary to effectuate this Resolution.
Section 3.
Effective Date. This Resolution shall become effective upon adoption.
PASSEDANDADOPTEDthiS~daYOf~~ ,2005.
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
ynn M. Dannheisser, City Attorney
Vote: :)-0
Mayor Ede1cup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
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Seconded by: hvw\\SSJ of\)Q. :J<;L~SII~S"
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Exhibit "A"
Legal Description
Tract "D" of RK Marina Apartments, Plat Book 157, Page 70, less that
portion of said Tract "D" being more particular described as follows:
Commence at the Northeast comer of Lot 19 of SOUTH SHORE
EST A TES as recorded in Plat Book 52 at Page 69 of the Public Records
of Miami-Dade County, Florida, the following (10) ten courses being
along the exterior boundary of said Tract "D"; 1) thence N 90'00'00' W
along the North line of said Lot 19 for 100.00 feet to the Northwest
comer of said Lot 19; 2) thence S 71 '35'52 W for 15.37 feet to the Point
of Beginning: 3) thence continue S 71 '35'52' W for 24.79 feet; 4)
thence N 57'55'43' W for 38.59 feet; 5) thence N 57'29'11' W for 53.41
feet; 6) thence N 75'51'27' W for 54.54 feet; 7) thence N 37'17'58' W
for 6.69 feet; 8) thence N 13'57'37' W for 10.84 feet; 9) thence N
00'00'00' E for 4.31 feet; 10) thence N 84'09'50' E for 83.72 feet to a
point on a non-tangent curve concaved to the southwest having a radius
of 160.00 feet and chord bearing of S 42'55'24' E; thence Southeasterly
along the arc of said curve leading to the right through a central angle of
41 '40'54' for a distance of 116.40 feet to the Point of Beginning.
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EXHIBIT "2"
PREPARED BY AND RETURN TO:
R. Carlton Ward, Esquire (tl)
Richards, Gilkey, Fite, Slaughter
Pratesi & Ward, P.A.
1253 Park Street
Clearwater, Florida 34616
W AIVERI EXTINGUISHMENT OF DEVELOPMENT/ DENSITY RIGHTS
WHEREAS, Porto Bellagio Partners, LLC, a Delaware limited liability company, ("Owner"), was
a developer of the Porto Bellagio Condominium according to the Declaration of Condominium recorded
in OR Book 22644, beginning at Page 643, Public Records of Miami-Dade County, Florida (the
"Condominium");
WHEREAS, the Condominium was created on Tracts A, C and that portion of Tract D of R.K.
Marina Apartments according to the Plat thereof recorded in Plat Book 157, Page 70, Public Records of
Miami-Dade County, Florida, (collectively hereinafter referred to as the "Condominium Parcel")' and
WHEREAS, Owner is the Owner of Tract B of R.K. Marina Apartments consisting of
approximately 17 acres, and has conveyed the Tract D remainder portion (Tract D of R.K. Marina
Apartments less the property described in Exhibit "A" attached hereto the "Tract D Remainder Parcel"),
to the City of Sunny Isles Beach, Florida; and
WHEREAS, in consideration of and in conjunction with the transfer of said Tract D Remainder
Parcel to the City of Sunny Isles Beach, Florida, Owner desires to represent, and acknowledge that it
waives and acknowledges the extinguishment of any density and intensity associated with Tract B, except
with respect to 4.56 acres.
NOW, THEREFORE, in consideration of the foregoing provisions and for other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Owner hereby
represents as follows:
1. The above recitals incorporated herein are true and correct.
2. Owner as the owner of Tract B of R,K. Marina Apartments according to the Plat thereof
recorded in Plat Book 157, Page 70, Public Records of Miami-Dade County, Florida ("Tract
B"), does hereby waive any remaining density and intensity associated with said Tract B,
except with respect to 4.56 acres, thereof and does hereby acknowledge that all development
rights with respect to Tract B are extinguished except with respect to 8.06 acres thereof, and
Owner shall retain all density, intensity and development rights with respect to 4.56 acres
thereof.
3. Owner acknowledges that the representations contained herein shall be deemed a covenant
running with title to said Tract B and shall remain in full force and effect and shall be binding
upon itself, its heirs, successors and assigns, until such time said restrictions should in the
future be released in writing by the City Commissioners of the City of Sunny Isles Beach,
Florida through the City Manager or designee following a duly advertised public hearing.
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Furthermore, Owner acknowledges and agrees that this agreement shall be recorded in the
Public Records of Miami-Dade County, Florida at the expense of Owner.
IN WITNESS WHEREOF, Owner and the City of Sunny Isles Beach, Florida through its
designated representative have set their hands and seals the day and date indicated.
Witnesses:
OWNER:
PORTO BELLAGIO PARTNERS, LLC,
a Delaware limited liability company
By: BRADFORD-PORTO BELLAGIO
PARTNERS, LLC, a Florida limited liability
company, Its Managing Member
By:
Print Name:
Its:
Dated:
Barbara Weiss Bianco
Manager
Print Name:
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized
to take acknowledgements, Barbara Weiss Bianco as Manager of Bradford-Porto Bellagio Partners, LLC,
Managing member of Porto Bellagio Partners, LLC, who is personally known to me and she is the person
described in and who executed the foregoing Unity of Title, and she acknowledged then and there before
me that she executed the same for the purposes therein expressed.
WITNESS my hand and official seal this
day of
2005.
Name:
Notary Public
My Commission expires:
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