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RESOLUTION NO. 04-Z-81 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE ZONING APPLICATION SUBMITTED BY MPSI USA CORP. (Z2003-12) SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS. WHEREAS, MPSI USA Corp., submitted an application to the City of Sunny Isles Beach, Florida requesting the following: 1. Conditional Use pursuant to Section 265-35(c)(3) of the Code of the City of Sunny Isles Beach, to permit a nightclub in the Mixed Use Resort District (MU-R). LEGAL DESCRIPTION: The South 300 ft ofthe North 400 feet of Lot or Tract 1, Lying east ofthe State Highway A-1-A (Collins Avenue) as shown on the plat entitled "Subdivision of Government Lot 6, in Section 2, Township 52 South, Range 42 East, and Government Lots 1,2,4 and portions of Lots 5 and 6, Section 11, Township 52 South, Range 42 East made by Tatum's Ocean Park Co., according to the map or plat thereof, as recorded in Plat Book 10 at Page 64 of the Public Records of Miami-Dade County, Florida. and That part of the North 54.00 feet of the West 21.00 feet of Track "N", amended Plat of Biscayne Beach, a subdivision recorded in Plat Book 44, at page 42, of the public Records of Dade County, Florida, more particularly described as follows: Commence (P.O.C.) at the Northeast comer of Tract "N" said comer being on the Westerly Right- of-Way line of State Road A-I-A. Also known as Ocean Boulevard or State Road 140, and run Due West along the Northerly line of said Tract "N" along a line of 185tb Street, a distance of 375.67 feet; thence run Due South, a distance of 20.00 feet to the Southerly line of 185tb Street, to the Point of beginning (P.O.B.); thence run Due South, a distance of 34.00 feet; thence run Due West along a line parallel to and 54.00 feet distance South of the Northerly line of said Tract "NO', a distance of 210.00 feet to the face of a concrete bulkhead cap on the Easterly shore of North Biscayne Bay, thence run Northwesterly along the face of said bulkhead cap, having a Chord distance of 54.46 feet, Bearing N.70 28' 10" W., to the Northerly line of said Tract "N". Thence run pue East along the Northerly line of Tract "N", a distance of 154.55 feet to a Point of Curvature of a Circular Curve concave Northeasterly and having a Radius of 20.00 feet; thence run Southeasterly along the Arc of said Curve, along the Westerly boundary of 185tb Street, through a Central Angle of 900, a distance of 31.42 feet to the Point of Tangency (P.T.) on the Southerly line of 185tb Street; thence run Due East along the Southerly line of 185th Street, parallel to and 20.00 feet distant from the Northerly line of Tract "N", a distance of 42.53 feet to the Point of Beginning (P.O.B.)s 04-Z-81 MSPI USA Corp 1