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HomeMy WebLinkAboutR-98-0142J-98-115 2/2/98 RESOLUTION NO. 9 8- 142 A RESOLUTION AUTHORIZING THE RELEASE AND CANCELLATION OF THAT CERTAIN COVENANT TO RUN WITH THE LAND WITH REGARD TO THE INSTALLATION OF A COMPUTER DUCT BANK WITHIN THE DEDICATED PUBLIC RIGHT-OF-WAY OF NORTHWEST 4 STREET EXECUTED BY WOMETCO ENTERPRISES, INC. CONCERNING THAT PROPERTY DESCRIBED AS LOTS 1, 2 AND 3, INCLUSIVE, AND LOTS 21, 22, 23 AND 24, INCLUSIVE, BLOCK 77N, AND LOTS 1 THROUGH 7, INCLUSIVE, AND LOTS 16 THROUGH 22, INCLUSIVE, AND THE NORTH 25 FEET OF LOTS 23 AND 24, ALL IN BLOCK 86N, A. L. KNOWLTON MAP OF MIAMI, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B AT PAGE 41 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER, AUTHORIZING AND DIRECTING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN INSTRUMENT FORMALLY RELEASING AND CANCELING SAID COVENANT TO RUN WITH THE LAND, AND FORWARD SAID EXECUTED INSTRUMENT TO THE CLERK OF THE CIRCUIT COURT FOR RECORDING IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. WHEREAS, Wometco Enterprises, Inc., (hereinafter referred to as "OWNER"), did make, execute and deliver to the City of Miami, a municipal corporation, a certain Covenant To Run With The Land; and WHEREAS, said Covenant relates to the OWNER's agreement with the City of Miami to install a computer duct bank within the dedicated public right-of-way of Northwest 4 Street; and MEETING OF FEB 10 W8 Resolution No. 0R- 142 WHEREAS, said Covenant was duly recorded on January 6, 1984, in Official Record Book 12 018 at Page 2 721 of the Public Records of Miami -Dade County, Florida; and WHEREAS, the OWNER has complied with, and fulfilled the terms of the aforesaid Covenant; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings set forth 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 release and cancellation of the Covenant To Run With The Land, recorded in Official Record Book 12 018 at Page 2721 of the Public Records of Miami -Dade County, Florida, executed by Wometco Enterprises, Inc., relating to that property described as Lots 1, 2 and 3, inclusive, and Lots 21, 22, 23 and 24, inclusive, Block 77N, and Lots 1 through 7, inclusive, and Lots 16 through 22, inclusive, and the north 25 feet of Lots 23 and 24, all in Block 86N, A. L. KNOWLTON MAP OF MIAMI, according to the Plat thereof, as recorded in Plat Book B at Page 41 of the Public Records of Miami -Dade County, Florida, is hereby authorized. Section 3. The City Manager, or his designee, is hereby authorized and directed to execute an instrument formally releasing and canceling said Covenant to Run With the Land, and forward said executed instrument to the Clerk of the Circuit - 2 - R- 142 Court for recording in the Public Records of Miami -Dade County, Florida. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this loth ATTEST: WALTER , CITY CLERK S ITTED BY: E FF J. DIRECTOR OF P IC WORKS REVIEWED YAM S, A �}7.'gA�f ASS CITY ATTORNEY APPR� Y AS TO FORM AND CORRECTNESS: JCJEL EDWARD MAX LL I ERIM CITY rORNEY W2213:BSS:dsl day of February , 1998. - `_ < _'(:7, IKVIER L. SUAREZ, MAYOR 3 - R- 142 CITY OF MIAMI, FLORIDA CAm24 INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members of the City Commission FROM Jose Garcia -Pedrosa City Manager RECOMMENDATION: DATE FCB 2 —8 FILE SUaIECT : Release of Covenant To Run With The Land, "Wometco Enterprises, Inc." REFERENCES: ENCLOSURES : Resolution It is respectfully recommended that the City Commission adopt the attached Resolution releasing and canceling the Covenant To Run With The Land executed by Wometco Enterprises, Inc. BACKGROUND: On January 6, 1984, Wometco Enterprises, Inc. executed a Covenant with the City of Miami to install a computer duct bank within the dedicated public right-of-way of N. W. 4 Street. Wometco Enterprises, Inc. (which is now National Broadcasting Company) desires to convey the property described in the Covenant to the federal government for the development of a federal courthouse. The duct bank has been abandoned and a release of the Covenant is a condition of the transfer of the property. The Public Works Department has agreed to allow the duct bank to be abandoned in place and will not require its physical removal as a condition for the release of the Covenant. The Public Works Department has accepted an engineering report from the owner certifying that the duct bank has been properly abandoned. The owner has complied with and fulfilled all of the terms -of the Covenant. �, 98- 142