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<br />111111I111111111I1111111111111111111111111111 <br /> <br />This instrument prepared by: <br /> <br />CFN 2005R0902821 <br />OR Bk 23720 P9S 4899 - 4910; (12p9s) <br />RECORDED 08/29/2005 08=33=08 <br />DEED DOC TAX 0.60 <br />SURTAX 0.45 <br />HARVEY RUVIN, CLERK OF COURT <br />MIAMI-DADE COUNTY, FLORIDA <br /> <br />Judith A, Burke, Esq, <br />Shutts & Bowen LLP <br />201 South Biscayne Boulevard <br />Miami, Florida 33131 <br /> <br />When recorded, return to: <br /> <br />Jorge Vera <br />Director of Zoning <br />City of Sunny Isles Beach <br />17070 Collins Avenue, Suite 2168 <br />Sunny Isles, Florida 33160 <br /> <br />S ace Reserved for Clerk of Court <br />(Space Above For Recorder's Use Only) <br /> <br />DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENT <br /> <br />WHEREAS, FORTUNE BEACH, LLC ("Owner" or "Grantor") is the owner of the <br />following described real property (the "Property"), lying, being and situated in Sunny Isles <br />Beach, Miami-Dade County, Florida, and legally described as: <br /> <br />SEE EXHIBIT "A" <br /> <br />and located at 17001 Collins Avenue, Sunny Isles Beach, Florida. <br /> <br />In accordance with Conditions IV(4)(a) and (b) of Resolution No. 03-Z-78 adopted by the <br />CITY OF SUNNY ISLES BEACH (the "City" or "Grantee"), on September 18, 2003 (the <br />"Resolution"), the Owner, its successors and assigns, freely, voluntarily and without duress, <br />makes the following Declaration of Restrictions and Grant of Easement ("Declaration") covering <br />and running with the Property and grants the following easements, as described below: <br /> <br />1. Intent. In connection with the Resolution, which approved the Jade Beach <br />project (the "Project"), the Owner has agreed to the granting of certain easement rights, as more <br />particularly set forth herein, and has agreed to be bound by certain covenants, restrictions and <br />obligations with respect to the Property. To the extent that there is a conflict between the <br />Resolution, which is recorded in the Office of the City Clerk, and the Declaration, the terms of <br />the Declaration shall apply, provided, however, that the failure to include a requirement of the <br />Resolution in this Declaration shall not be deemed a waiver of such requirement. <br /> <br />2. Grant of Easement. Owner does hereby grant and convey to the City the <br />following non-exclusive easements (collectively, the "Easements"): (i) an access easement, no <br />less than fifteen feet (15') wide, and otherwise as specifically described on attached Exhibit <br />"B", for pedestrian ingress to and egress from Collins Avenue to the public beach (the "Beach <br /> <br />MIADOCS 649864 8 <br />11/15/04 <br /> <br />,'it <br />