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HomeMy WebLinkAboutReso 2007-1196 RESOLUTION NO. 2007-~~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, DEDICATING PROPERTY LOCATED AT 500 SUNNY ISLES BOULEVARD ALSO KNOWN AS THE BELLA VISTA PARK, IN PERPETUITY AS A PUBLIC PARK AND MARINA FOR OUTDOOR RECREATION AND FOR THE USE AND BENEFIT OF THE PUBLIC; PROVIDING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUA TE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach ("City") has entered into project grant agreements with the Florida Department of Environmental Protection ("DEP") whereby DEP agreed to provide the City with grant funds to acquire and/or develop land for public parks; and WHEREAS, the City has used the grant funds to acquire and/or develop the property as a Public Park and Marina; and WHEREAS, as a condition of receiving the grants from DEP, the City is required to dedicate in perpetuity the property as a Public Park and Marina for outdoor recreation and for the use and benefit of the public; and WHEREAS, pursuant to the Project Grant Agreement, the City wishes to dedicate in perpetuity property located at 500 Sunny Isles Boulevard also known as the Bella Vista Park as a Public Park and Marina for outdoor recreation and for the use and benefit of the public; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Authorization of Mayor. The Mayor is hereby authorized to execute a Declaration of Restriction dedicating in perpetuity property located at 500 Sunny Isles Boulevard as a Park and Marina for outdoor recreation and for the use and benefit of the public. Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this Declaration. Section 3. Effective Date. This Resolution shall become effective upon adoption. Dedicating Bella Vista Park as a Public Park Page I 01'2 ATTEST: "~.'A~ Jane A. Hines, City Clerk Vote: 5-D Mayor Edelcup Vice Mayor Thaler Commissioner Goodman Commissioner Brezin Commissioner Scholl Dedicating Bella Vista Park as a Public Park Moved by: Y l ~ yy\~();TH~~ Q Seconded by: GyY'\~I~I\)W~!)~~'7It\J \/(Yes) L--1Yes) V (Yes) viVes) I6Yes) _(No) _(No) _(No) _(No) _(No) Page 2 01'2 '- " 111111I1111I111111111I11111111I11111I11111111 Thi.\' illstrumellt prepared by alld retllm to: CFN 2008R0087500 OR Bk 26192 P9S 1229 - 1232; (4P9S) RECORDED 02/01/2008 10:03:01 HARVEY RUVIH, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA 'Ians Ottinot. City Attorney City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, 1'1, :n 160 DECLARATION OF RESTRICTIONS The undersigned Owner of the following described real property (the "Property"), lying. being and situated in Sunny Isles Beach. Miami-Dade County. Florida, and legally described as: Lot 22, Island 22, in Vista Island, Second Revised Plat of BELLA VISTA SUBDIVISION, as recorded in Plat Book 50, at page 76 of the Public Records of Miami-Dade County, Florida. WHEREAS, the City of Sunny Isles Beach ("City") has cntered into project grant agreements with the Florida Department of Environmental Protection ("DEP") whereby DEP agreed to provide the City with grant funds to acquire and/or develop land for public parks; and WHEREAS, the City has used the grant funds to acquire and/or develop the property as a Public Park and Marina; and WHEREAS, as a condition of receiving thc grants from DEP. thc City is required to dedicate in perpetuity the property as a Public Park and Marina for outdoor recreation and for the use and benefit of the public; and WHEREAS, pursuant to the Project Grant Agrcement. the City wishes to dedicate in perpetuity the property as a Public Park and Marina for outdoor recreation and for the use and benefit of the public; NOW THEREFORE, in order to assure the Florida Department of Environmental Protection ("DEP") that the terms and conditions set forth in the project grant agreement will be abided by the City freely, voluntarily and without duress. the City hereby makes the following Declaration of Restrictions covering and running with the Property: (1) Effectiveness of Declaration. This Declaration shall become final and be recorded upon the Public Records of Miami-Dade County. ~ .... " (2) Dedication. The City hereby dedicates in Perpetuity, the Property, legally described above and located at 500 Sunny Isles Boulevard, Florida, as a Public Park and Marina for recreation purposes and for the use and benefit of the publ ic. (3) Limitation of Use. The Property indentified in Exhibit "A" has been acquired for development by the City with financial assistance provided by the Florida Department of Environmental Protection ("DEP") in accordance with the Project Agreement. Pursuant to DEP's rules, land already owned and then developed, or land acquired by the project sponsor with grant assistance, shall be dedicated in perpetuity as an outdoor recreation area for the use and benefit of the general public. Leased land developed by the project sponsor with program assistance shall be dedicated as an outdoor recreation area for the general public for a minimum of twenty-five (25) years after completion of development. If the City should convert any part of the property, whether acquired or developed with grant assistance, to other than DEP approved recreational uses, the City shall replace the property at its own expense with a DEP approved property of comparable or greater size and quality. In lieu of such replacement, DEP may require return of grant funds disbursed to the project sponsor. Grant funds shall be refunded with interest, calculated at two percent (2%) over the prevailing prime rate as reported by the Federal Reserve. (4) Covenant Running-With-The-Land. This Declaration on the part of the City shall constitute a Covenant-Running-With-The-Land and shall be recorded in the Public Records of Miami-Dade County. Plorida and shall remain in full force and effect and be binding upon the Owner, and its successors and/or assigns until such time as the same is modified or released pursuant to the terms hereof. These restrictions shall inure to the benefit of, and limitation upon, all present and future owners of the real property and for the public welfare. (5) Term. This Declaration shall be in perpetuity and shall be binding on all parties and all persons claiming under it unless the Project Grant Agreement is terminated or modified by either party. (6) Modification. Amendment, Release. In the event the Project Grant Agreement requires that this Declaration be modified, then, and only in that event, may this Declaration be modified, amended or released as to the land herein described. Should this Declaration be so modified, amended or released pursuant to the Project Grant Agreement, the City agrees to comply with the Project Agreement. (7) Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any provision of this Declaration. This Declaration is not intended and should not be construed to confer any rights on any third parties other than the City and DEP. The prevailing party in any action or suit pertaining to, or arising out of this Declaration. shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable :2 for the services of its attorney, at trial and appeal. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. (8) Election of Remedies. All rights remedies and privileges granted herein shall be deemed to be cumulative and the exercise of anyone or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same, from exercising such other additional rights. remedies or privileges. (9) Severability. Invalidation of anyone of these covenants, by judgment or Court, shall in no way affect any of the other provisions, which shall remain in full force and effect. (10) Recording. This Declaration shall be filed of record in the public records of Miami- Dade County, Florida at the cost of the City. SIGNED, WITNESSED, executed and acknowledged this 13~ day of --De.c....e.W\b~ , 2007. CITY OF SUNNY ISLES BEACH ATTEST: ttorney ~~~ Jane A. Hmes, CMC, City Clerk STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) THE FOREGOING Declaration of Restrictions was acknowledged before me this 13~ day of ~e..e.e...rn b-e.-L , 2007, by Norman S. Edclcup. Mayor of the City of Sunny Isles Beach who is personally known to me. '--~I<J'29, UJ~ Notary Public My Commission Expires: ~.,.y '(f~ I';;;-P'Jbl;S tate 0.1 FIOOda] ! ~ ': Pri~cilla 1)'lel Walker ." ~~ ~ My C(lmrnlsjon OD548519 ~~OF"'~ Expires 07/24/20;0 . . " ., I I ' .'- OR BK 26192 PG 1232 LAST PAGE EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Location: 500 Sunny Isles Boulevard Sunny Isles Beach, Florida, 33160 The land is described as follows: Lot 22, Island 22, in Vista Island, Second Revised Plat of BELLA VISTA SUBDIVISION, as recorded in Plat Book 50, Page 76 of the public Records of Miami- Dade County, Florida. Also, all the right, title and interest of the Grantors and predecessor in title, Edward A. Griffin and Edna M. Griffin, his wife, and Otto G. Neumann and Gertrude L. Neumann, his wife, if any, in and to the following described property, which includes a portion of the foregoing described property, to wit: Beginning at a point on the NE corner of Lot 22. of the Second Revised Plat of BELLA VISTA SUBDIVISION, recorded in Plat Book 50, Page 76, of the Public Records of Miami-Dade County, Florida, proceed North 86 degrees 7'50" West for a distance of 220.90 feet to a point on the East right of way line of the Intracoastal Waterway, as shown on the above mentioned plat; thence proceed South 3 degrees 25 '29" East for a distance of 170.24 feet to a point; thence proceed South 70 degrees 22'27" East for a distance of 165.30 feet to a point; thence run North 14 degrees 35 '25" East for a distance of 216.62 feet to a Point of Beginning. Said land b-:ing set forth in the Second Revised Plat of BELLA VISTA SUBDIVISION, as recorded in Plat Book 50, Page 76, Public Records of Miami-Dade County, Florida. Miami-Dade My Home My Home fiif1i)m~ Show Me: I Property Information ._._.......,...'M"_""'...~.~..,m.'.,.."m'._"_"..,....,.....,..."...'.,...,.,.... Search By: 1~:',:.~t.I!:~_m ......"m ~ Text only Ii Property Appraiser Tax Estimator Summary Details: Folio No,: 31-2214-007-0210 Prooertv: 500 SUNNY ISLES BLVD Mailing CITY OF SUNNY ISLES BCH Address: 18070 COLLINS AVE SUNNY ISLE BEACH FL 33160-2723 Property Information: Primary 16110 Izone: COMMERCIAURESIDENTIAL DESIGN DISTRICT CLUC: 0080 VACANT LAND- GOVERNMENTAL Beds/Baths: 0/0 Floors: 0 Living 0 Units: IAdj Sq 0 FootaQe: Lot Size: 37,993 sa FT IV ear Built: 0 ?ND REV BELLA VISTA PB Legal 50-76 LOT 22 & ISLAND 22 Description: LOT SIZE IRREGULAR COC ?5397 -4502 02 2007 3 ACTIVE TOOL: SELECT 4t ~ ~ ~i~ O.m. Digital Orthophotography - 2006 0-123ft -/::i We appreciate your feedback, please take a minute to complete our survey. Sale O/R: 5397 -4502 Sale Date: /2007 Sale Amount: 0 Sale Information: MyH<>me I property Information I property Taxes I My Neighborhood I prcmerty ARPLalser Hom~ I !J_~i!)9_O-YLSite I A~(H1t I fbo!t~.Plr:.~.!:1.o_ry I Privacy I Q.lsclaimer Assessment Information: Vear: 2007 2006 Land Value: $744,163 475,333 Buildina Value: $0 $0 Market Value: $744,163 $475,333 ssessed Value: $744,163 475.333 otal Exemotions: $402,405 $0 axable Value: $341.758 $475,333 Additional Information: Click here to see more information for this QrQ/:>.m:!Y Community Development District Community Redevelopment Area Empowerment Zone Enterprise Zone Land Use Urban Development Boundary Izoning Non-Ad Valorem Assessments *w "WE If you experience technical difficulties with the Property Information application, please !:lL~kJle~ to let us know. E-mail your comments, questions and suggestions to Webmaster Web Site @2002 Miami-Dade County. All rights reserved. http:// gisims2 .miamidade. gov /my home/propmap.asp Page 1 of2 Legend ", Property Boundary ", Selected Property ", ", Street Highway Miami-Dad County Water . w+. s 1/912008 This instrument prepared by and return to: Hans Ottinol, City Attorney City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach. FL 33160 DECLARATION OF RESTRICTIONS The undersigned Owner of the following described real property (the "Property"), lying, being and situated in Sunny Isles Beach, Miami-Dade County, Florida, and legally described as: Lot 22, Island 22, in Vista Island, Second Revised Plat of BELLA VISTA SUBDIVISION, as recorded in Plat Book 50, at page 76 of the Public Records of Miami-Dade County, Florida. WHEREAS, the City of Sunny Isles Beach ("City") has entered into project grant agreements with the Florida Department of Environmental Protection ("DEP") whereby DEP agreed to provide the City with grant funds to acquire and/or develop land for public parks; and WHEREAS, the City has used the grant funds to acquire and/or develop the property as a Public Park and Marina; and WHEREAS, as a condition of receiving the grants from DEP, the City is required to dedicate in perpetuity the property as a Public Park and Marina for outdoor recreation and for the use and benefit of the public; and WHEREAS, pursuant to the Project Grant Agreement, the City wishes to dedicate in perpetuity the property as a Public Park and Marina for outdoor recreation and for the use and benefit of the public; NOW THEREFORE, in order to assure the Florida Department of Environmental Protection ("DEP") that the terms and conditions set forth in the project grant agreement will be abided by the City freely, voluntarily and without duress, the City hereby makes the following Declaration of Restrictions covering and running with the Property: (1) Effectiveness of Declaration. This Declaration shall become final and be recorded upon the Public Records of Miami-Dade County. (2) Dedication. The City hereby dedicates in Perpetuity, the Property, legally described above and located at 500 Sunny Isles Boulevard, Florida, as a Public Park and Marina for recreation purposes and for the use and benefit of the public. (3) Limitation of Use. The Property indentified in Exhibit "A" has been acquired for development by the City with financial assistance provided by the Florida Department of Environmental Protection ("DEP") in accordance with the Project Agreement. Pursuant to DEP's rules, land already owned and then developed, or land acquired by the project sponsor with grant assistance, shall be dedicated in perpetuity as an outdoor recreation area for the use and benefit of the general public. Leased land developed by the project sponsor with program assistance shall be dedicated as an outdoor recreation area for the general public for a minimum of twenty-five (25) years after completion of development. If the City should convert any part of the property, whether acquired or developed with grant assistance, to other than DEP approved recreational uses, the City shall replace the property at its own expense with a DEP approved property of comparable or greater size and quality. In lieu of such replacement, DEP may require return of grant funds disbursed to the project sponsor. Grant funds shall be refunded with interest, calculated at two percent (2%) over the prevailing prime rate as reported by the Federal Reserve. (4) Covenant Running- With- The-Land. This Declaration on the part of the City shall constitute a Covenant-Running-With-The-Land and shall be recorded in the Public Records of Miami-Dade County, Florida and shall remain in full force and effect and be binding upon the Owner, and its successors and/or assigns until such time as the same is modified or released pursuant to the terms hereof. These restrictions shall inure to the benefit of, and limitation upon, all present and future owners of the real property and for the public welfare. (5) Term. This Declaration shall be in perpetuity and shall be binding on all parties and all persons claiming under it unless the Project Grant Agreement is terminated or modified by either party. (6) Modification, Amendment, Release. In the event the Project Grant Agreement requires that this Declaration be modified, then, and only in that event, may this Declaration be modified, amended or released as to the land herein described. Should this Declaration be so modified, amended or released pursuant to the Project Grant Agreement, the City agrees to comply with the Project Agreement. (7) Enforcement. Enforcement shall be by action against any parties or person violating, or attempting to violate, any provision of this Declaration. This Declaration is not intended and should not be construed to confer any rights on any third parties other than the City and DEP. The prevailing party in any action or suit pertaining to, or arising out of this Declaration, shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable 2 for the services of its attorney, at trial and appeal. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. (8) Election of Remedies. All rights remedies and privileges granted herein shall be deemed to be cumulative and the exercise of anyone or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same, from exercising such other additional rights, remedies or privileges. (9) Severability. Invalidation of anyone of these covenants, by judgment or Court, shall in no way affect any of the other provisions, which shall remain in full force and effect. (10) Recording. This Declaration shall be filed of record in the public records of Miami- Dade County, Florida at the cost of the City. SIGNED, WITNESSED, executed and acknowledged this /3..u.. day of -DeL..e.tN\b..w-- , 2007. CITY OF SUNNY ISLES BEACH , .- ATTEST: . . . . . ~~~ Ja~e A. Hmes, CMC, CIty Clerk STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) THE FOREGOING Declaration of Restrictions was acknowledged before me this 13~ day of _D~ b.e.-L ,2007, by Norman S. Edelcup, Mayor of the City of Sunny Isles Beach who is personally known to me. '-~I~~U,)~ Notary Public My Commission Expires: ".,.v Pve,;., Nota~ p;;=;S..?tale of FIOrid~J R'..JIl" Pr\~cilla Tylel Walker :" ~; My Commission D0548519 ~? OF t\.~ Expires 07/24/20 i 0 _0- _ .., -' EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Location: 500 Sunny Isles Boulevard Sunny Isles Beach, Florida, 33160 The land is described as follows: Lot 22, Island 22, in Vista Island, Second Revised Plat of BELLA VISTA SUBDIVISION, as recorded in Plat Book 50, Page 76 of the public Records of Miami- Dade County, Florida. Also, all the right, title and interest of the Grantors and predecessor in title, Edward A. Griffin and Edna M. Griffin, his wife, and Otto G. Neumann and Gertrude L. Neumann, his wife, if any, in and to the following described property, which includes a portion of the foregoing described property, to wit: Beginning at a point on the NE corner of Lot 22, of the Second Revised Plat of BELLA VISTA SUBDIVISION, recorded in Plat Book 50, Page 76, of the Public Records of Miami-Dade County, Florida, proceed North 86 degrees 7'50" West for a distance of 220.90 feet to a point on the East right of way line of the Intracoastal Waterway, as shown on the above mentioned plat; thence proceed South 3 degrees 25'29" East for a distance of 170.24 feet to a point; thence proceed South 70 degrees 22'27" East for a distance of 165.30 feet to a point; thence run North 14 degrees 35'25" East for a distance of 216.62 feet to a Point of Beginning. Said land being set forth in the Second Revised Plat of BELLA VISTA SUBDIVISION, as recorded in Plat Book 50, Page 76, Public Records of Miami-Dade County, Florida. TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 II 3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Moyor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, City Clerk MEMORANDUM The Honorable City commiSSi(\'-0< Hans Ottinot, City Attorney lW''-.J December 13,2007 Dedicating 500 Sunny Isles Boulevard as a Park and Marina RECOMMENDATION: The attached Resolution is presented for your consideration and approval. REASONS: The City of Sunny Isles Beach ("City") has entered into project grant agreements with the Florida Department of Environmental Protection ("DEP") whereby DEP agreed to provide the City with grant funds to acquire and/or develop land for public parks. The City has used the grant funds to acquire and/or develop the property at 500 Sunny Isles Beach (Bella Vista Park) as a Public Park and Marina. And as a condition of receiving the grants from DEP, the City is required to dedicate in perpetuity the property as a Public Park and Marina for outdoor recreation and for the use and benefit of the public. HO:jb / Attachments Date {DN I ~ "13 -D 1 Agenda Item OF SUN TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 II 3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner A. John Szerlag, City Manager Hans Ottinot, City A tlorney Jane A. Hines, CMC, City Clerk MEMORANDUM George Fisher, Grants Coordinator Q~~ Priscilla Walker, CMC, Deputy City Clerk December 20, 2007 Approval of Dedication of 500 Sunny Isles Boulevard At its regular meeting of December 13, 2007, the City Commission adopted Resolution No. 2007-1196, which approved the dedication of 500 Sunny Isles Boulevard (Bella Vista Park) as a public park and marina. It is understood that you will physically take the Declaration of Restrictions (Exhibit "A") to the County Recorder for recordation. Please forward a copy of the recorded document to the Office of the City Clerk for the record. Further. please forward the ori2inal to the Office of the City Clerk for the record once the Recorder returns it in 4 - 6 weeks. Thank you. :pw Attachment 500 Sunny Isles Blvd Dedication Approval Memo , unny s es eac, on a . 305.947.0606 www.sibfl.nel . City Commission January 9,2008 Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl Commissioner A. John Szerlag City Manager Hans Ottinol City Attorney Jane A. Hines City Clerk Clerk of the Court County Recorder P.O. Box 011711 Miami, FL 3310 1 Re: Recordation of Various Documents Dear Clerk of the Court: The City of Sunny Isles Beach hereby submits the following documents for recordation. 1. Easement Agreement w/17100 Shopping Center, LTD alk/a R.K. Associates 16850 - 17070 Collins Avenue Folio No: 31-2211-098-0010 SIB Resolution No(s).: nla 1 Pg + 5 Pgs + Doc Stamps (10+ [5*8.50] + 1.05) 2. Easement Agreement w/17100 Shopping Center, LTD alk/a R.K. Associates 17070 -17100 Collins Avenue Folio No: 31-2211-004-0130 SIB Resolution No(s): nla 1 Pg + 4 Pgs + Doc Stamps (10 + [4 *8.50] + 1.05) 3. Declaration of Restrictions & Grant of Easement & Joinder of Mortgagee, & Joinder of West Paces Hotel Mansiana, 15701 Collins Avenue, Folio No: 312214-008-0030 SIB Resolution No(s):05-Z-98 1 Pg + 15 Pgs + 1 Pg + Doc Stamps (10 + [15*8.50] +10 + 1.05) 4. Declaration of Restrictions & Grant of Easement & Consent of Mortgagee and Subordination of Mortgage for Da Vinci (Mully) 17141 Collins Avenue Folio No: 31-2211-049-0001 SIB Resolution No: 05-Z-99 1 Pg + 15 Pgs + 1 Pg + Doc Stamps (10 + [15 * 8.50] + 10+ 1.05) 5. Declaration of Restrictions 500 Sunny Isles Boulevard Folio No.: 31-2214-007-0210 SIB Resolution No. 2007-1196 1 Pg + 3 Pgs + Doc Stamps (10 + [3 * 8.50] + 1.05) Total 53.55 45.05 148.55 148.55 36.55 432.25 Thank you. Very truly yours, ~~UJ~ Priscilla Walker, CMC . Deputy City Clerk Enclosures cc: Jorge L. Vera, Assistant City ManagerlServices (w/o enclosures) 2008 - 0109 Miscelleneous Recordings Ltr