Reso 2004-672 - Laserfiche WebLink

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This instrument prepared by: Stanley B. Price, Esquire Bilzin Sumberg Baena Price & Axelrod LLP 200 South Biscayne Boulevard Suite 2500 Miami, FL 33131-2336 PARTIAL RELEASE OF DECLARATION OF USE THIS PARTIAL RELEASE OF DECLARATION OF USE (this "Partial Release") is made as of this G:....u.. day of YY\~ ' 2004, by the City of Sunny Isles Beach, a Florida municipal corporation (the "City"), d Five Seas Investors, Inc., a Flonda corporatIon (the "Declaran t"). WIT N E SSE T H: WHEREAS, on February 16, 1995, Declarant executed a Declaration of Use ("Declaration") as the owner of the property located in Miami-Dade County, Florida, described on attached Exhibit "A" (the "Property"), said Declaration being recorded in Official Records Book 16690 at Pages 2980-2987 of the Public Records of Miami-Dade County, Florida; WHEREAS, Paragraph 8 of the Declaration provides in pertinent part that the "Declaration shall not be modified or revoked without prior approval of the Metropolitan Dade County Zoning Appeal Board, or its successor, after public hearing;" WHEREAS, the City incorporated in 1997 and the City Commission is the successor in interest to the Metropolitan Dade County Zoning Appeals Board by virtue of the City's incorporation; WHEREAS, the Declarant filed a public hearing application to rezone a portion of the Property (Exhibit "B") ("Release Property") for uses different from those set forth in the original Declaration; WHEREAS, on May 28, 1998, the City Commission adopted Resolution No. 98-Z-10 approving the rezoning of the Release Property to BU-2 to allow for a proposed parking garage; WHEREAS, the Declarant filed a public hearing application on the Release Property for uses different from those set forth in the original Declaration, and on September 21, 2000, the \73265\16723\ # 618290 vII 51710412:12 PM SIB