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Home My WebLink AboutReso 2012-1983RESOLUTION NO. 2012- 1� - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RELEASING AND TERMINATING DECLARATION OF RESTRICTIONS IMPOSED ON PROPERTIES LOCATED AT 18955 ATLANTIC BOULEVARD AND 19035 ATLANTIC BOULEVARD; PROVIDING THE CITY MANAGER AND CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the properties located at 18955 Atlantic Boulevard and 19035 Atlantic Boulevard have been burdened by Declaration of Restrictions that require the properties to be used for duplex use ; and WHEREAS, the properties are currently vacant and have previously been approved for redevelopment; and WHEREAS, the City Commission wishes to release and terminate the Declaration of Use executed on August 3, 1954 and the Agreement dated October 6, 1950. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Releasing and Terminating Declarations of Restrictions. The City Commission hereby releases and terminates the use restrictions imposed on properties located at 18955 Atlantic Boulevard and 19035 Atlantic Boulevard. Section 2. Authorit of Manager and the City Attorney. The City Manager and the City Attorney are hereby authorized 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 October, 2012. ATTEST: Jane A. Hines, CMC City Clerk Releasing & Terminating Dec. of Rest. 18955 & 19035 Atlantic Blvd Page 1 of 2 S. Edelcup; Mayor i APPROVED AS TO FORM Moved by: l�Mvtivw.AJ�,� erti� �C 1#b� Seconded by: 6 c _ oz Vote: J-D Mayor Edelcup ✓ (Yes) (No) Vice Mayor Thaler a '(Yes) (No) Commissioner Aelion Yes) (No) Commissioner Gatto 114 y es) (No) Commissioner Scholl ✓ (Yes) (No) Releasing & Terminating Dec. of Rest. 18955 & 19035 Atlantic Blvd Page 2 of 2 In consideration ofb411ding. owners of the property 16reip, selves, and my, or our) heirs.') That the property her6 n i residence: only and the.. permit are deijigned and f ;0>i'';Atltili,ned, I, or' we, as and Ki' A:'mmyself, or our - °s' .azd `i~ol lows s r bo used for .a duplex :application for skid pose `only. Golden.Shores, Ocean On Lot 9 Block 3 of ..B' u vvardi'etates $eOt B P.h, 51-P9-_1_5_) of the FtTl.iRecords of Dade County; "p on a• also known as 29035 -37. AttS��oi�,evarc �,Ddde County Florida. This agreement is nereby made anal accepted as a condition of the issuance'of a permit for: a duplex residence It is further understood and agreed that this a•;reomnnt shall be deemed a covenant rennin; with the land, and shall. romain -In full. force and affect, and be binding upon the undersigned, their heirs, and ausi ;ns until such time as the sar:Ie mr_ be released in writing by the Director of tnt: Dade Co!anty Nlannirr;, Lotting, and Building Department, or the executive officer of that suconssor of such departmrit, or, in the absence of such director or executive officer, by his assistant in charge of ttte of'i'ico in M.s ebsonce. As .further oart of this agreement, it is nereby understood and agreed that any offi=- cial inspector of the Dade County Planning, Zoning or Building Division or its a:rents duly a.rthori'64d, may have the privilege at any time of a; :Lari.rg and investi- gating the use: of the premises, to determine wvu;ther or note the n^..luirements of the building and zoning rofulntions and the conditions herein agreed to are beirro complied with. Sigld, sealed, executed, and acknowl::dged on this ,3 P''�. day of ly , fit Miami, Florida. drl 1 td�3r:3 t: . STAT& OF PLO LIUA) t S3• COURY OF DADE ) (S,;-AL) SUN M Fr Aunly 111191011. TAN Imt,k t filed fa nxad ft 1161 n�J`"�s. and duly prded In.� -- � iatl.a...� in PagrbJrrTLf. fee No. NI.GP1%� E. Ii LEMERMAft Ckrk Circuil Court I iiOMBY CERTIFY that on this,jg.!�day of , ., 54, before me personally appeared and`sr+ sA atranh and who his vn e, o ma to be t•he persons described in ex�- euted the on -g—Mi, instrument, and they acknowledged to me the execution thereof to be their free act and'deed for the uses and purposes th ?rain mentioned. And the said ,the wife of the'said tc,�,.,,. , on a separate iin private examination taken an ma a by and Ka f r an3 separately and apart from her said'husband, did'acknowledge that she VLF %'# that said deed for the purposes therein set forth, .freely and voluntarily, �i v any fear, constraint, apprehension or abmpulsion 'qf or from her said � 's%i natura and official s.oal at ..:.... iri the Oounty and State afore- ' and year last afoirasatdp .., ,A ': ix :�>•� � %'.:,a;.i!^ �: ?tit �l ;:;: � t�:'��F:�a'1�'•F`;.. <` oT yary. ublib. >. 4� t t Fto i8a at r' � o y La 1 hL • ,Y,a,.t .A, p� i,v, a , 0 C ' ,k•.. :.�.., it tie s 19 ,.� J�rc sr.s.u. `t:% „v r i.�;y,_.r /ti7 J.SsttYi�-0 -.pr �.r ” ^'i i..;:i"x - �.S'n•w! ......v t�.� ... .� � ::: LV. i:.+ wdc;,».•,- :r+ti�-- +.,r.:�- .w,:.x:•hyt�6`r :.(-' =c.. �356 P X49 October b, 1950 In consideration of a Building pormi,,, as hereinafter outlined, I, as owner of the pronerty herein designated, hereby agree and bind myself, and my heirs, assigneos and successors as follows: on Lot h, Block 3, golden Shores, Ocean Blvd, Estates Sub- division, recorded in Plat Book5l Pace 15, Public Records of Dado County, Florida, This agreement is hereby made and accented as a condition of the issuance of a nermit for a dunlox only and at no other time to be usod for more than two families. It is further understood and agreed that this agreemont shall be doomed a covenant runnin; with the land and shall be binding on ourselves, our nersonal represontatives, our heirs, assignoes and ?or successors in title, and shall inure to the Iwndfit of ,Dade County, Florida and /or its successor. As a further part of this agreement, i' - a hereby understood and agreed that any official insnsctor of tho ....nning, Zoning or tiuil.dinri Division o f Dade County, Florida, or its a.;ents duly authorizod, may have Lite privilege at any time of onterS:,,; and Investigating the use of the promises to determine whother or not the requirewonta of the 7uildimi and Zoning Ronulationa and Lite conditions herein agreed to, are buing complied with. Sivnod, sealed, executed and aoknowlodgod on the day and yoar as heroinbotore mentioned. IfTM;SS'S31 ACKNOILED'3F HUT STATV- OF cLORID►) COptifY GF NOR ) I MEN EN Cr'xtMPY, that on this Y f% day of A. D. 1950, before me personally anneared to me known to be the nerson described in ay o e c t e foregoing Instrument and he acknowlodrad to me the oxocu log thereof to be his free act and deed for the uses and purnosea theroin . mentioned. , Y MIA t t'1 U'' : No u: ". ' c cl r . N.y am �'.. •; eondcd by rah ,u "'r • 10. • 14''I, ' i I' • t; c �'t Y Co, of N.Y. •'' We of Florida, County of Dade. This instrument was filed for retard the. .... Of� 1950 at. /.I.%. °.6. g..,M and duly receded in....� Boak,.t��- �... „an rap A�, .%...file tfa Z.42AZU— k, A, 1 LATHRAMAN P yF s9�* FLOC \O '� C /TY OF SUN Pao TO: City of Sunny Isles Beach 18070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949 -3113 Fax (305) 947 -2150 Building Department (305) 947 -5107 Fax MEMORANDUM The Honorable City Commission FROM: Hans Ottinot, City Attorney DATE: October 18, 2012 City Commission Norman S. Edelcup, Mayor Lewis Thaler, Vice Mayor Isaac Aelion, Commissioner Jeanette Gatto, Commissioner George "Bud" Scholl, Commissioner Christopher J. Russo, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk RE: Terminating Declaration of Restrictions -18955 & 19035 Atlantic Boulevard RECOMMENDATION: It is recommended that the City Commission adopts this Resolution. REASONS: The properties located at 18955 Atlantic Boulevard and 19035 Atlantic Boulevard are burdened by Declaration of Restrictions that require the properties to be used for duplex use. These Declaration of Restrictions were executed in the 1950s and do not reflect the character of the Golden Shores neighborhood. It is anticipated that the properties will be used for single family homes in the near future.