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RESOLUTION NO. 2001-~J A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, PROVIDING FOR THE ABANDONMENT AND VACATION OF THAT PORTION OF NORTH BAY ROAD FROM 170TH STREET TO 172ND STREET AS MORE FULLY DESCRIBED IN EXHIBIT "A" AND PROVIDING FOR THE DEDICATION OF THAT PORTION OF PROPERTY IMMEDIATELY ADJACENT TO NORTH BAY ROAD MORE FULLY DESCRIBED IN EXHIBIT "B"; PROVIDING THAT VACATION AND ABANDONMENT OF THE PORTION OF THE ROAD DESCRIBED IN EXHIBIT "A" BE HELD IN ESCROW UNTIL THE APPLICANT SATIFIES CERTAIN ENUMERATED CONDITIONS AND CONSTRUCTS AND DEDICATES THAT CERTAIN PROPERTY DESCRIBED IN EXHIBIT "B" IN ACCORDANCE WITH SAID CONDITONS FOR PUBLIC USE AS A PUBLIC RIGHT OF WAY; PROVIDING FOR THE CITY MANAGER AND CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS TRANSACTION; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, North Bay Road was dedicated to Miami-Dade County for public use and said road has been used as such since its dedication; and WHEREAS, the authority over North Bay Road was transferred to the City pursuant to that certain Interlocal Agreement dated November 4, 1997 by and between the City and Miami- Dade County, and WHEREAS, pursuant to its home rule authority under Chapter 166, Florida Statutes and the aforesaid Interlocal Agreement, the City has the authority to vacate, alter or discontinue any public road over which it has jurisdiction; and WHEREAS, by Resolution No. 2000-277, adopted September 21, 2000, the City Commission accepted a final replat of R.K. Marina Apartments by 17070 Collins Avenue Shopping Center, Ltd., (hereinafter referred to as the "Applicant"), which relocated a portion of the North Bay Road from theoretical 170th Street to 172nd Street; and WHEREAS, Applicant is the owner of several properties located within the City of Sunny Isles Beach, and has re~uested that the City vacate a portion of North Bay Road from theoretical 170th Street to 172n Street, for the purpose of allowing and the construction of a luxury apartment unit as described in Zoning Resolution 99-7-35 to promote the development of the North Bay Road corridor; and WHEREAS, the applicant has agreed, simultaneously with the vacation ofthat portion of North Bay Road described in Exhibit "A" (hereinafter sometimes referred to as the "vacated portion of North Bay Road"), and subject to the conditions contained herein, to dedicate to the City as a public right of way that certain piece of property owned by applicant and more particularly described in Exhibit "B" immediately adjacent to the current North Bay Road Nbr Vacation - Reso 1