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<br />(hereinafter sometimes referred to as the dedicated portion of North Bay Road) thereby creating <br />a realignment of North Bay Road so it is one continuous uninterrupted roadway; and <br /> <br />WHEREAS, it is the intention of all parties that the dedicated portion would be used to <br />replace the vacated portion with the intention that it be used by the public to as a right of way to <br />travel and for any other public purpose on North Bay Road; and <br /> <br />WHEREAS, the City has agreed to hold the vacation of the road as described herein "in <br />escrow" until the Applicant has provided the City with all the necessary documentation to <br />complete the dedication which includes, but is not limited to, the right-of-way deed for the <br />dedicated property, recorded plat of the dedicated road, opinion of title, and all requested <br />conveyance documents; and <br /> <br />WHEREAS, the City Commission has determined that the particular portion of North <br />Bay Road described herein is presently needed by the citizens of the City as a public right-of- <br />way and the City is proposing to vacate the road only upon the condition that the Applicant <br />construct a replacement road for the City in accordance with all required local, State and Federal <br />rules and regulations; and <br /> <br />WHEREAS, the City Commission has determined based on the report of the Zoning and <br />Code Administrator that the vacation of the portion of North Bay Road will not have an adverse <br />impact on the citizens of the City of Sunny Isles Beach so long as the applicant constructs a <br />replacement road for the City on the conditions herein and further that such realignment will <br />have a significant positive effect on the economic development of the City and, therefore, greatly <br />benefit its residents; and <br /> <br />WHEREAS, the applicant has agreed, among other things, to pay all costs associated <br />with the streetscape improvements of the newly dedicated property near North Bay Road, <br />including but not limited to, intersection alignment, asphalt overlay, installation of poured <br />concrete curb and gutter, sidewalks, drainage improvements, landscaping and irrigation, all to the <br />greater benefit of the residents of the City of Sunny Isles Beach; <br /> <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section 1. Recitals. The foregoing recitals are true and correct and are incorporated herein <br />by reference as if they were fully set forth herein. <br /> <br />Section 2. Conditions Required For Vacation. That the City Commission of the City of <br />Sunny Isles Beach hereby agrees to abandon and vacate that portion of North Bay Road <br />described in Exhibit "A" upon the occurrence of all of the following conditions: <br /> <br />(1) Applicant provides the City with an Opinion of Title within thirty days subsequent to <br />the adoption ofthis Resolution; and <br /> <br />Nbr Vacation - Reso <br /> <br />2 <br />