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<br />Please Record This Instrument and Return to <br />Its Preparer: <br /> <br />Neisen O. Kasdin <br />Gunster, Yoakley & Stewart, P.A. <br />One Biscayne Tower <br />2 South Biscayne Boulevard <br />Suite 3400 <br />Miami, Florida 33131 <br /> <br />Partial Release of Restrictive Covenants <br /> <br />This Partial Release of Restrictive Covenants (this "Partial Release") is made as <br />of this <g~ day of ~btL , 2005, by the CITY OF SUNNY ISLES <br />BEACH, a Florida municipal corporation (the "City") and CRESCENT HEIGHTS XLIV, <br />INC., a Florida corporation ("Declarant"). <br /> <br />WHEREAS, the Declarant is the owner of the following described property ("Property") <br />in Miami-Dade County, Florida: Tract "D" of GALAHAD-DADE, according to the Plat <br />thereof, recorded in Plat Book 92, at Page 16, of the Public Records of Miami-Dade <br />County, Florida; less the North 40 feet thereof; <br /> <br />WHEREAS, a Declaration of Restrictive Covenants dated September 28, 2000 <br />("Declaration"), and encumbering the Property was filed on October 3, 2000 in Official <br />Records Book 19306 Page 2869 of the Public Records of Miami-Dade County, Florida; <br /> <br />WHEREAS, the Declaration imposed certain restrictions upon the Property as conditions <br />for approval by the City Commission of a site plan for an assisted living/nursing home <br />facility project ("Project") on the Property; <br /> <br />WHEREAS, one of the conditions imposed upon the Property is to provide the property <br />located at 19201 Collins A venue with a number of parking spaces to comply with the <br />City's parking requirements; <br /> <br />WHEREAS, the Declarant wishes to remove all non-parking related conditions that were <br />imposed on the Property pursuant to Resolution No. 98-2-23; <br /> <br />WHEREAS, because the approved Project site plan is now null and void, certain <br />conditions thereof, including certain covenants in the Declaration, are also null and void, <br />being inseparable from the approval. <br /> <br />Page I of3 <br />MIAMI 414947,1 <br />