HomeMy WebLinkAboutR-01-0985J-01-768
9/].7/01
RESOLUTION NO. f) j — Ej 8 ",�!
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER OR ITS DESIGNEE TO EXECUTE A RELEASE
OF COVENANT RUNNING WITH THE LAND, IrN
SUBSTANTIALLY THE ATTACHED FORM, RELATING `?'0
A FORMER ENCROACHMENT INTO THE PUBLIC RIGHT
OF WAY AT 2333. TIGERTAIL COURT, MIAMI,
FLORIDA, AND DIRECTING THE ADMINISTRATION TO
DELIVER SAID RELEASE OF COVENANT TO THE
PROPERTY OWNERS.
WIiEREAS, on
July
18,
7.983, the
Miami
City
Commission
adopted Resolution
No.
83-597
accepting
from
David
A. Freedman
and Debra B. Freedman, his wife, a Covenant To Run With The Land
relating to ari existing garage encroachment into L -he public
right-of-way; and
WHEREAS, the Covenant affects the properly known as 2331
'Figertail Court in the City of Miami, County of Miami -Dade,
State of
Florida, previously described
as:
Lot 5,
Block 1 of
OLYMPIA
PARK SUBDIVISION according to
the
Plat:
thereof as
recorded
in Plat Book 51, at Page 82 of
the
Public
Records of
Miami -Dade County, Florida (hereinafter, the "Property"); and
A77PA.
C�C1-!�AM. wg'b7C 111 11-116,
CITY COMMISSION
MEETING OF
SEF 252301
p Aesolulion N04
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WHEREAS, the Covenant granted to the Owners the permission
from the City to continue an encroachment of a structure into a
public right-of-way and into a turnaround easement, until such
time as the City might require removal of said encroaching
structure; and
WHEREAS, the Covenant required the Owners to remove, at. no
cost to the City, the encroaching structure whenever requested
by, and upon 30 days written notice from the Director of the
Department of Public Works of the City; and
WHEREAS, the Covenant required the Owners to maintain
liability insurance in the amount of $1,000,000 for the life of
the structure, naming the City as a co-insured party; and
WHEREAS, said Covenant was duly recorded on August 2, 1583,
in Official Record Book 11864 at Page 2548 of the Public Records
of Dade County, Florida; and
WHEREAS, the Property which is the subject matter of the
Covenant has been replatt-ed, with the consent and approval of
the City, and is now known as Block 1, Lot 5A, of OLYMPIA PARK
REPLAT, as recorded in Plat Book 157, at Page 51, of the Public
Records of Miami -Dade County, Florida; and
Page 2 of 4 _ J
WHEREAS, by virtue of said replanting, there no longer
exists any
encroachment
of any structure on the
Property
into
any public
right-of-way
nor into any turnaround
easement,
so
that the original purpose of the Covenant no longer exists;
NOW, TIIEREFORE, BE Il' RESOLVED BY THE COMMISSION OF THE
CITY of MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble
to
this Resolution are
hereby adopted
by reference
thereto
and
incorporated herein as
if fully set
forth in this
Section.
Section 2. The City Manager or its dosignee is hereby
authorizedll to execute a Release of Covenant Running With The
Land, in substantially the attached form, relating t.o.a .former
encroachment into the public right-of-way at 2331 Tigert.ail
Court.
Section 3. The administration is hereby directed to
deliver said Release of Covenant Running With ThE: Land to the
property owners.
'1 The hereira
authorization is further
subject
to compliance wish fill
requirements
LhaL may be imposed by
Che City
Attorney, inclucli.ng but:
not. limited
co ,hose prescribed by
applicable
City C'harr.er and code
p ov] o]. ca 117 .
Page 3 of 4
0
0
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor2/
PASSED AND ADOPTED this — 25th clay of September r 2001.
JOE CAROLLO, MAYOR
In aocwdlance w0 AAlf,,,JTli tho Wvw- (ild not 111d41rrtti pir'l-n-vi -)I
by
6ifcc;ll:v,- %vi.h t!v.. o"
Kigclrdirlo ,mine, without Ulle Mayor g :to.
ATTEST: filter J. E- on ;n, (3ity Clerk
WALTER J. FOEMAN
CITY CLERK
APPROVED/Ag TO MRM AND CORRECTNESS:
OrkLEJANDRO VILARELLO
CITY ATTORNEY
WS 6 13 : db; LB W.1m: dd
If t-'rlC,, Mayor doolo not sign this ResoluLion, i,,:. shall become effeccive
at tiro crid of ten calendar days from Llie dace U was, passed and
adopted. IF tho mayor ver-oeq this Resolution, it til -tall become effective
irlimul(Hatc-ly 11F)Or! DVPr-rid(_l Of Lhe veto by the CiLl., COMMi8f3i.01-1.
Page 4 of 4
RELEASE OF COVENANT RUNNING WITH THE .LAND
WHEREAS, David A. Freedman and Debra B, Freedman, his wife, did make,
execute and deliver to the City of Miami, a municipal corporation, a certain Covenant 'ro
Run With the Land; and
WHEREAS, the Covenant affects the property known as 2331 'rigertail Court in
the City of Miami, County of Miami -Dade, State of Florida, previously described as: Lot
5, Block 1 of Olympia Park Subdivision according to the Plat thereof as recorded in Plat
Book 51, at Page 82 of the Public Records of Miami -Dade County, Florida (hereinafter ,
the "Property"); and
WHEREAS, the Covenant granted to the Owners the permission from the City to
continue an encroachment of a structure into a public right-of-way and into a turnaround
easement, until such time as the City might require removal of said encroaching structure;
and
WHEREAS, the Covenant required the Owners to remove, at no cost to the City,
the encroaching structure whenever requested by, and upon 30 days written notice from
the Director of the Department of Public Works of the City; and
WHEREAS, the Covenant required the Owners to maintain liability insurance in
the amount of $1,000,000.00 for the life of the structure, naming the City as a co-insured
party; and
Role aseollCovenan(•233I TigertailCourt ';)
•
WHEREAS, said Covenant was duly recorded on August 2, 1983, in Official
Record Book 11864 at Page 2548 of the Public Records of Dade County, Florida; and
WHEREAS, the Property which is the subject matter of the Covenant has been
replatted with the consent and approval of the City, and is now known as Block 1, Lot
5A, of Olympia Park Replat, as recorded in Plat Book 157, at Page 51, of the Public
Records of Miami -Dade County, Florida; and
WHEREAS, by virtue of said replatting, there no longer exists any encroachment
of any structure on the Property into any public right-of-way nor into any turnaround
easement, so that the original purpose of the Covenant no longer exists;
NOW, THEREFORE, in consideration of the fact that the aforesaid structure no
longer encroaches into a public right-of-way and into a turnaround easement, and there
being no further reason for the existence of the aforesaid Covenant, the City of Miami
does hereby and herewith release, relinquish and forever discharge David A. Freedman
and Debra B. Freedman, their heirs, successors or assigns, of and from any lien,
encumbrance, effect or requirement of the aforesaid Covenant To Run With The Land
and hereby directs the Clerk of the Circuit Court to cancel the same of record.
Release0fCovenant•2331Tigertai{Court 0..i r
:� 5,;
N
IN WITNESS WHEREOF, the CITY OF MIAMI, a municipal corporation of the Sate of
Florida, in the County of Miami -Dade, has caused this instrument to be executed and
signed in its name by its Director of Public Works, thereunto duly authorized this _T
day of _'2001.
Signed, Sealed and Delivered CITY OF MIAMI
By:
I" Witness to signature John H. Jackson
Director
Public Works Department
Print Name
Print Address
City, State and Zip Code
2"nWitness to signature
Print Name
Print Address
City, state and Zip Code
ReleaseotCovenant-233ITlgertailCourt ,•.'
n
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this _ day of
2001, by JOHN H. JACKSON, Director of the Public Works Department
of the City of Miami, a municipal corporation of the State of Florida, in the County of
Miami -Dade, on behalf of the City of Miami. He is personally known to me and did not
take an oath.
WITNESS my hand and official seal in said County and State the day and ,year
last aforesaid.
My commission Expires:
APPROVED AS TO FORM AND
CORRECTNESS:
Alejandro Vilarello
City Attorney
Notary Public
State of Florida at Large
THIS INSTRUMENT WAS PREPARED
BY THE DEPARTMENT OF PUBLIC WORKS
This instrument is accepted pursuant to Resolution No. passed and adopted
RelcascofCovenana233ITigenallCoun
CITY OF MIAMI. FLORIDA *C =12
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and
Members of the City Commission
FROM: i- L.........
�La Carlos A. Gimenez
City Manager
RECOMMENDATION'
DATE FILE
SUBJECT:
RESOLUTION -
Release of Covenant
REFERENCES: 2331 Tigertail Court
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the attached Resolution
authorizing the City Manager or his designee to execute a Release of Covenant Running
With the Land relating to a former encroachment into the public right-of-way at 2331
Tigertail Court.
BACKGROUND
In 1983 David and Debra freedman contracted to buy the house at 2331 Tigertail Court.
Prior to closing they learned that a portion of the public right-of-way (Tigertail Court)
was actually platted under a part of the house.
Given the circumstances at the time, they agreed to sign a covenant that was accepted by
the City Commission by Resolution No. 83-597 and recorded the Covenant in the Public
Records of Miami -Dade County, Under the Covenant, they included the City in a general
liability insurance policy to cover the public right-of-way. The Covenant also provided
that the encroaching portion of the residence would have to be demolished if the City so
requested. This Covenant has encumbered the title to the property since that time.
Eighteen years later, the Freedmans replatted the property and reconfigured the road
right-of-way so that it no longer passes under the house. The new plat, called Olympia
Park Replat, was approved by the City Commission and has recently been recorded in the
County Records.
As a result of the replatting of the property and reconfiguration of the public right-of-
way, the house no longer encroaches in the public right-of-way and the Covenant is no
longer needed or required. Therefore, to complete the process of clearing title, it is now
in order to Release the Covenant.
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