HomeMy WebLinkAboutReso 2005-828
RESOLUTION NO. 2005-~ B
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING A PARTIAL
RELEASE OF THE DECLARATION OF RESTRICTIVE
CONVENANTS EXECUTED BY CRESCENT HEIGHTS XLIV, INC.
ATTACHED HERETO AS EXHIBIT "A"; PROVIDING THE
MAYOR WITH THE AUTHORITY TO EXECUTE THE RELEASE
AND AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFF},;CTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, a request has been made for the partial release of the Declaration of
Restrictive Covenants executed by Crescent Heights XLIV, Inc.; and
WHEREAS, the Declaration of Restrictive Covenants was recorded in Official
Records Book 19306 Page 2869 of the Public Records of Miami-Dade County as part of
a prior zoning approval; 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. Partial Release of Declaration of Restrictive Covenants. The City
Commission hereby approves the partial release of the Declaration of Restrictive
Covenants which was recorded in the Official Records Book 19306 at Page 2869 of the
Public Records of Miami-Dade County, and approves the agreement for partial release of
the Declaration of Restrictive Covenants, attached hereto as Exhibit "A".
Section 2. Authority of the Mayor and the City Manager. The City Commission
hereby gives the Mayor the authority to execute the partial release of the Declaration of
Restrictive Covenants and authorize the City Manager to do all things necessary to
effectuate this Resolution,
Section 3.
Effective Date. This Resolution shall become effective upon adoption,
PASSED and ADOPTED this ~ day of 5.0 ~ ' 2005.
1~~
Norman S. EdeIcup, Mayor
ATTEST:
~~k~
Jane A. Hines, City Clerk
Approving the Partial Release of a Declaration of Restrictive Cove,ant for Crescent Heights
Legislation I Resolution
HO/jb
VOTE AS FOLLOWS: 3-~
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
10 yes
<--.) yes
~yes
~ vt;es
yes
Moved by: Co~ 'lGL<;S)A.S
Second by: M~o-r E.hcr..LC.lA P
<--.) no
UL1 no
<--.) no
~o
<--.) no
Approving the Partial Release of a Declaration of Restrictive Cov<2ant for Crescent Heights
Legislation / Resolution
HO/jb
Please Record This Instrument and Return to
Its Preparer:
Neisen O. Kasdin
Gunster, Yoakley & Stewart, P.A.
One Biscayne Tower
2 South Biscayne Boulevard
Suite 3400
Miami, Florida 33131
Partial Release of Restrictive Covenants
This Partial Release of Restrictive Covenants (this "Partial Release") is made as
of this <g~ day of ~btL , 2005, by the CITY OF SUNNY ISLES
BEACH, a Florida municipal corporation (the "City") and CRESCENT HEIGHTS XLIV,
INC., a Florida corporation ("Declarant").
WHEREAS, the Declarant is the owner of the following described property ("Property")
in Miami-Dade County, Florida: Tract "D" of GALAHAD-DADE, according to the Plat
thereof, recorded in Plat Book 92, at Page 16, of the Public Records of Miami-Dade
County, Florida; less the North 40 feet thereof;
WHEREAS, a Declaration of Restrictive Covenants dated September 28, 2000
("Declaration"), and encumbering the Property was filed on October 3, 2000 in Official
Records Book 19306 Page 2869 of the Public Records of Miami-Dade County, Florida;
WHEREAS, the Declaration imposed certain restrictions upon the Property as conditions
for approval by the City Commission of a site plan for an assisted living/nursing home
facility project ("Project") on the Property;
WHEREAS, one of the conditions imposed upon the Property is to provide the property
located at 19201 Collins A venue with a number of parking spaces to comply with the
City's parking requirements;
WHEREAS, the Declarant wishes to remove all non-parking related conditions that were
imposed on the Property pursuant to Resolution No. 98-2-23;
WHEREAS, because the approved Project site plan is now null and void, certain
conditions thereof, including certain covenants in the Declaration, are also null and void,
being inseparable from the approval.
Page I of3
MIAMI 414947,1
WHEREAS, the Declarant wishes to expressly and formally acknowledge that
Covenants 1, 2, and the second paragraph of Covenant 3, are terminated.
WHEREAS, Covenant 4 of the Declaration specifically anticipates release by the
Parties.
NOW THEREFORE, incorporating all the foregoing recitals and pursuant to Covenant
4 of the Past Declaration, and in consideration of the above premises, the Property
described herein is hereby released and discharged from Covenants 1, 2, and the second
paragraph of Covenant 3 of the Declaration of Restrictive Covenants dated September 28,
2000 and recorded on October 3,2000 in Official Records Book 19306 Page 2869 of the
Public Records of Miami-Dade County, Florida Past Declaration:
Specifically, the following provisions of the Declaration, and all restrictions resulting
therefrom, are terminated:
1. Substantial Accordance with Approved Plans.
2. Underground Utilities.
3. Parking Covenant. [...] Owner agrees that any vertical
improvements created on the property, except for
ground level landscaping and ground level recreational
areas, shall not exceed thirty-five and seven tenths feet
(35.7" [sic]) in height above mean sea level.
This Partial Release shall be filed in the public records of Miami-Dade County, Florida,
at the cost of the Declarant.
IN WITNESS WHEREOF, the Declarant and the City executed and signed this Partial
Release this g~day of September, 2005.
WITNESSES
:=2~ LO~
Print: ~\(c.; ll", L.O~llc.uL
~A,~
CRESCENT HEIGHTS XLIV, INC.
~~
Pri~ S.hY'U~~
Title: V t..<.- #&..s/ck-,;;f-
Print:~ A- tJ t A.. ++ I N ~ ~
[Notary signature on next page]
[Continued from previous page]
STATE OF FLORIDA
Page 2 oD
MIAMI 414947,1
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this ~a t'\d day of
~-kM~ ,20 cC ,by \=(A.t\.Ce.s &c.lv"-t.i bt,..r-" ,personally known to me/
~
A.V.I~;"
Clerk of the City if Sunny Isles Beach
Print: -=rA v ~' A.. ' -A (' t\) ~ S-
produced / as identification. t-J '( D L a. s lc. q ~:>. 99 ~
r-;J 0 :\p.~V Pl1d\ ~~--"~f~ L
Signature: ~~V (4. -r ~ l..()~ Seal: ~O~)'.C ' ~ PRISCIUATYLi:RWAlKER
~ .\\ :>k:: COMMISSION NUMBER
;:. ~ 00133748
(:' OF F\.O<1- MYCOMMISSIONEXP/AEs
CITY OF SUNNY ISLE ULY24,2006
i:^i1~;;J1 ~l?lr: ..~
N Ort.l\&V\ S. E: dd C,(,)f
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this~....d day of
~, 20~, by Nov1-14.t\ So E'd~I~ ' personally known t~ me/
produced - as identification.
Signature:.::::2,:..Qa.:\, cf" <..<A · t<..
Seal:
p.\W PI; oli'lCIAl NG
0"'" ~<' PRISCIUA TYLER WAlKER
~ '\'n'.C 07"0
'" ~~J · COMMISSION NUMBER
:y :~ ~ 00133748
~ 0 O~ MYCOMMISSIONEXPIRES
F F\. JULY 24,2006
Page3of3
MIAMI 414947,1
2001- ?2F
Hrar /s City Commission
ce City of Sunny Isles Beach Norman S.Edelcup, Mayor
c M, 18070 Collins Avenue Lewis J.Thaler,Vice Mayor
=
Sunny Isles Beach, Florida 33160 GRoslyn Bruin,Commissioner
Goodman,Commissioner
Danny Iglesias,Commissioner
p05) 947-0606 City Hall Christopher J.Russo,City Manager
*•age X3051 792-1565 Fax Hans onmot,City Attorney
rlo (305 947-2150 Building Department City Clerk
Jane b Hines,
OF FONTac,
MEMORANDUM
To: The Honorable Mayor and City Commission
Front Planning and Zoning
Date: September 8,2005
Re: Release of Declaration of Restrictions
RECOMMENDATION
It is recommended that the City Commission approve the proposed resolution for a partial release
of the Declaration of Restrictive Covenants.
REASONS
In 1998 the City Commission approved two zoning resolution 98-Z-23 which approved a parking
garage and home for the age development. In connection with the approved resolutions the
developer proffered a Declaration of Restrictive Covenants.
The property owners are requesting a release of the Declaration of Restrictive Covenant since the
project approved under the resolutions will not be developed. Under Section 265-11 (N) of the
Code of Sunny Isles Beach all Development Orders issued by the City shall be valid for a period of
24 months from the date of issuance and a building permit must be obtain during said 24 months or
the Development Order shall be deemed null and void.
Any new development and covenant will need to come before the City Commission for approval.
Upon the partial release of the Declaration of Restrictive Covenants, all covenants and restrictions
recorded prior to the zoning approval of resolution 98-Z-23 shall remain in full affect, unless a
release for such has been recorded.
Agenda Item
Date