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HomeMy WebLinkAboutR-98-0538J-98-449 4/27/98 c� 8 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENTS, APPROVING THE RELEASE OF A SANITARY SEWER COVENANT FOR THE PROPERTY DATED APRIL 12, 1965, RECORDED IN OFFICIAL RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BOOK 4538, AT PAGE 118-128, (THE "SEWER COVENANT") FROM HENAL REALTY COMPANY INC., (THE "OWNER") FOR THE PROPERTY LOCATED AT 2785, 2855, AND 2835 TIGERTAIL AVENUE, MIAMI, FLORIDA (THE "PROPERTY"). WHEREAS, the property located at 2785, 2855 and 2835 Tigertail Avenue, Miami, Florida, more particularly described on attached Exhibit "A" (the "Property") is subject to a sewer covenant dated April 12, 1965, recorded in the Official Records of Miami -Dade County, Florida, Book 4538 at Page 118-128, attached as Exhibit "B" (the "Sewer Covenant"); and WHEREAS, in accordance with the terms of the Sewer Covenant, same may be released once a registered consulting engineer inspects the sanitary force main constructed on the public right- of-way and confirms that it has properly been abandoned and connected to the City's main sanitary sewer system and the current Owners of the Property have provided the City such a letter attached as Exhibit "C"; and WHEREAS, the City Commission after careful consideration of this matter finds that it is in the best interest of the general ATTACHMENT foot CONTAINED CIT! COMBSSION auxr= OF MAY 2 6 1998 98538 welfare of the City of Miami and its inhabitants to release the Sewer Covenant for the Property; NOW, THEREFORE, BE IT 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 release of a Sanitary Sewer Covenant Running With the Land dated April 12, 1965, recorded in Official Records of Miami -Dade County, Florida, Book 4538 at Page 118-128, attached as Exhibit "B" (the "Sewer Covenant") from Henal Realty Company, Inc., (The Owner), for the property located approximately at 2785, 2855 and 2835 Tigertail Avenue, Miami, Florida, is hereby approved and the proper City officials are authorized to execute a release in connection therewith. Section 3. This Resolution shall become effective immediately upon its adoption. 98- 538 PASSED AND ADOPTED this 26th day of May ATTEST: JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated place provided, said legi,latr; becomes effective with the elapse of ten (10) day rom th date of Co sicn, regarding same, without the Mayor exerci ' a nto. ' W lter an, City Clerk WALTER J. FOEMAN, CITY CLERK PREPARED AND YAMILE ASSIST 113A - 3 - 8- 58 rr rr -XHIBIT A THIS IS A BOUNDARY SURVEY of LEGAL. DESCRIPTION Lots 35,36 and 37 less the Westerly 5.00' feet thereof, and Lot 36 less the Westerly and Southeasterly 5.00' feet, also lots S• 39,40,41,42,43 and 44 less -the Southeasterly 5.00' feet thereof, all lying in the plat of CORNELIA B.DAY SUBDIVISION, according tc the Plat thereof as recorded in Plat Book 3 at Page 16 of the Public Records of Dade County, Florida. Less the external area formed by a 20.00' foot radius curve, being concave to the Ncrtheast, and tangent to the Southeasterly and Westerly lines of the above described pacccl o' :and. 198- 538 ds 740010 dusso =3 COVEW". jade a" eater" late chit ua_ day of . 1960, by and batwes tar City of riles!, a aun.lcipal oorporstioa organised Gad esistlas under cos lows of tan State or Ylorids, hereinafter Galled the 'Clt7'• party of the first part. ss0 ZMAL QAOT OWAR, IlC. , a bliohl04 corporation; end ARTHIM DKMC8 and BYLTIA. DRMCR, als wife, fee simple owners of the following desorlbod property; hereinafter called tea party of the $sea" part; and WWON►S, MAL MALTY CDAMhYT. INC., s Ylcni96A oorporstloo; end Ah'MW WMIC8 and 3TLTIA DF4M=, his wire, own tee fee sLapia title to; Lets 42, V and Ga, of COaOMIA Id. DAY'S SU8DI4ISIoz. a sandivlsiom,of part of Bloats 8 end 9, of taw ?DRARD Me IIDM UD, in the Morthsast } of section 21. Township Sa south. Ranhe ti last, eaoording to the Plat thereof. as roeorded in Plat Boos J, at Pap 16, of the Public Records of Dodo County. Florida; and ' HDM S, FID4►L RIALTY OWANT. I]IC. , a Michigan aospors Lion: snd ARTNUR DRMC8 and SMTIA DMM=. his w;fa, Intend to construct on sporosat Dalldlag an the ebWO dsaorlbed property consisting of 12 units, sold apartments to be aor7ed by a ■ewegs treatment pleat located upon sold property; and 118gMA3, the Dada County P0114 Hbalth Department will. not permit soptic tank facilities to be loomed upon um above described property. It being a requirement of the Public 8aeltn Department that a sawge LrMtmgt plat be located thereon wita affluent lines discharging from tan treatment plant Into Biscayne Boy; and w1MLs, tas Corntsslan of the City or Miami have adopted Resolution M. S_ftga7a sutherlsift the �tilusat lines to be constructed Under city strosts, N he"inarter not forth. EXHIBIT a — 98- 538 IM, MMS OW lA 0001 aMtisa Or thS pray SO$ sad the Sesefite viieh will aoeris to tag fm ib 'eaastrustlos Sad operatios of ea14 eessp t vo telat ►lams ed errlueet lines to be constructed WASP tee s tree is of the Olt; or rlasii , MUL MLTT :09MY, INC., a Miohigea corporstioa. Sod AR" DPVTCH end SILPIA DEVICH, his wife. Including their haire, suocesaors and assigns, do hereby covenant and caws With the City of kiwi as foliate, to -wit: 1. That FMXAL REALTY COMPAIIY. INC., a Michigan corporation, and AR:'11UR DRZVICM and SYLVIA DMMCH, his wife, covenant and agree that they are the too staple where of Lots 42. 43 end 44. of COMULIA M. DAY'S SUBDIVISION, a subdivision of part of Blocks g sad e. of tas EDWARD PENT MIM IUD. to the Horta" St } of 3e0tlon 21, tbwaship 34 3049h. Reaps 41 Zest, according to the Plat chersor, as reeordaa to Plot Book 3, at Page 16, or the Public Records of Done County, ilorids. 2. After a persit so to Qo has been 133ued to It by tna City. HZNAL REALTY COMPAKY, INC., a Michigan corporation; and AR-,f M DRMCH sad SYLV7A DRZ:ICR. his, wife, will cause to Da constructed or installed under the surfaces of the roaawgys end eaterways wit' -in the City Limits of the City or Miami nereinafter designated, on outfall pipe s�-ste& which will eztead froe .0t3 42. 44 and 44, of CORN=A M. DAY'S 3U=VI3ICM, s 3uMIvj.iloa of pert of Blocks 9 and 9, of the E*,.RD PW HDhWTUD, is the Northeast f of Section 21, :bwnship 34 3nYtn, Range 41 Lest, according to the Plat thereof, as recorded in Plat Book 3, at Page 16, of the Public Records of Dade Count,, Florida, to r::o across the strset (Tiger" ll Avenue) to Cornelia Road, Visa southerly to 3. W. 27th Aveaus and then southerly along 3. W. 27th Avedue to Biscayne Bay. 98- 538 a 4= on= 01 7. Ths amatritstioa of $006 attfall PIP* sts too $pall ooayls with pleas proper" by ea L1glaaea registered in Florida, and approved by the Department of Athlie ~arks of tin City of Miami. for the purpoes of securing such approval, sir sets of :ne plans or the proposed outfall pipe system shall be suomittad to the Department nf Public Kona. After the construction is complete, a set or es -built pleas shall also bei furnished by WAL REAL.? COMPANY, INC., a Michlaas oorporetion; and A MUR DRMCH and SILVIA DRFfTCH, his wife, for the records of the Depsrtmsot of Publle Worts. ♦. The initial stating and all final measurements .bell re done by a Surveyor registered in Florida and a copy of nit yield Hoot shall be filed with said Department of PhbllC 'xorKs, and se se shall snore sufficient ties with the various Street Monument Lines to enable the autfsll pipe system to be sdcurely located in plan. Such field notes shall also show ground elevation and the alevetloh or the top of such outfall pipe system at eneh change In vertical direction end also the elevation and locotlon of all existing underground utilities uncovered dur.n4 tea construetioh of such outfall pipe systw. 5. HEMAAL RLLTY COMPANY. INC., a Michigan corporation; and •RI'-VJR DRMCH and S7LPIA DRMCH, nit wife, jointly and severally will hold the City harmless froa any liability established by i$w arising out of the granting of this Covenant, and .111 defend, or cause to be defaaded, any action brought against trio City in connection narewith. HMAL MLTY COMPANY, VC., a MicniRea corporation: end ARTHDR DRMC11 and JTLTIA ORMCH, a12 wife, shall furnish to the City of MNiatai a liability lnaureAce policy in the amount of 1100,000/300,000 sad proportr-damege In the sasxwat of $20,000. in vhiaa cos City of !Liman is the amand insured, holding :he City harmless from any liability entebllssed by ts- r 98-- 538 .rules out or the aygr at tale Ceeeaeat, and will deread, or cause to 0a OeralN, W madam bleaw eplest the city in coeneettan berewlta. S. CWL NUL?Y ODWAIK, INC., a richigan ccrpurot:on; and AR' Tit DXMCR and any%A ORMCH, MIS wire, will operate and malAtaia auoe outfall pipe system Sr, n manner teat will prevent IL froa beiA4 or becoming a autsonce wr detrimental to public Aeolte, aefety or good �r in an"Ise injurious to e44aeeat property; and in the event it sno Id produce or permit unplessant odors to emooete therefrom, fMAL RLAL-Y CIWANY, INC., a Michigan corpir+tiun; and AR.1" DRSVICH and SYLVIA DMMCII. big wife, at its cost .ill 1n3t,11 +ucn odor Controlling devices sr any be re- ;aired by the Direetzr of the Department or Public works. 7. Yne rigat of use of sold outfall pipe systan Ss restricted to structures const:vete4 by or ror HENA' RLAL—N CCMfANY, !NC., n Nichlgno cofpotetion; and AR71i" DR_'V'?CH and Sr PIA ORF.ViCH, his wire, and occupied by them at Lots 42, 43 and 44. of CrRNF.LiA U. DAY'S 5VBDIVI:iION, o subdivi-laa of part of Slocxs 8 ind 9, or the ED''ARD PWr 0DWSTRAD, in tre NortCeest } of Section 21, Town3hl7 54 South, Songs 41 Lost, ccarding to the plst tnare-lf, as recorded in Plat Hoar 3, at Paea 16, of .no Puo:ic Recnrds of Dade County, FlOrldo, as part of saki apartment tuildlr,Q. Such right of use or 1o1d outfall pipe system Ina!' n:t be assignable except In :onneetion wish a Dons rid• .ia:c c. :,ots 42, 43 ind 44, Of COR MLSA M. DAY'� :;UBDIVh10N' e 98- 538 4041vialon of past of 110eb s GM 9, of the ZWAJt2 P!!PC 1DMTUD, In the Northeent * of Section sl, Tanantlp b4 south. W ale 41 Let, aocording to the Plat thereof, as raedrdet in Plat tacit 3, at Page :a, Of •.ho Public Records of Dade County, llori-la, as a slr4le parcel. b. MAL UALIY CC1QAXT. INC., a Michigan corporal;on; and ARTWR DRZVICR sad SnVTA DR M CR, his wife, .bell furnish to the City a Ailnteaance Goad In the prldeipal amount of I1,000.Co • .lea Suratida to be approved by the Director of the Dupartawat of Public worts of too City, of Mind, conditioned that after the principal anall cause to be out and/or excavated the paved or uapavea +urface of sett' street along whlah thr outran pips systaa heruia roforred to shall be constructed. IML RZALTY CaaANY, INC., a Yicnigan corporation; and AR'ltiilt OXVICN eal SYLVIA ORMCti, '11:, wire, will cause such excavation to be beetrllled and compect-d and tea surface above •ame to be sodded or repaved and a level 3urfecs condition to be created, such restoration shall be approved in writing by a qualified Inspector vaployod by tik City of Miami. 9. It is further covwnanted and agroad that u sewbau treatment plant shall be constructed vlth a pollshlns land rllt:r or a Nand strainer approved by the Depsrtaent of ?ublle worm , batwaen the final settling taAlt and the (effluent /Lae, and mall huvu a standby bluer and chlorins contact basin. The /—� sewage plant shall be operated by a person balding at least a Florida Cla3s •C' Sawato rlsat Operator's Cercificato. Thy plant small b, inspected abnually by a qualified ropresuntativu of tau aenufacturos, dnd a mortified copy of his report submitted to taw. City sad the state Board of Roalth. One additional copy of Chu • oontnly report shall be submitted to the atato board of Nualth for ttwir roviaw and coMmeat, and eema1e810A to the city - A, eat 98- 538 10. It is to m"r dpealtidtkur Ow"Matad and age*" that Lao OUL RitLTr am*dR, a0.. a vielsw sosporatlem; and ARTHM DRVWICK and dTUU MvIa. Us site, at tttsir aspva will discowtuct tote sawdo trestsa: plant had seaeoat toe outfall plpu srstoa at tau aportauat bulldiat to the City or Yleaal savior Y�coa wtthia 3o days after such saws lino small hureafter by mid. kvnlleblo to svrta the hervla deearlbed propurty. il. In the Owvnt such sanitary serer gorviou 13 pruvldud ay tn. :.ity by creation, of a sanitary serer Impretvaent Dlstri�;t. !IENAL RF:.LTY COMPANY, INC., a kltomips corporation; end AR M17 DREVtCH and 3YLPIA DO"VICH, his », . aowunest and ogruc to ..ccupt and pay choir proportlosatu part of t}w coyt of such ;tnwur via !totew may bu ascessud to than by Zhu AZar:sasunt :,.:ctloft of tn� D, portn,.nt of Public Works of tho,. City. 12. It la furt.0 r covenantod and asrucd by HE ML REALTY MAP.M. INC., a ikichlpa corporation; cad ARIY.M MrCli Tula Y:.v1AMhie lfo, that 14 the awuht the Director of trio Dupi,rtmunt of Public Works shall dsterslao that St 13 not+seery ,r :,dvissblu that -told outfall pips systoa bu ruloeatud, remov,:d, .xt rdud or its use abendonad add shell swill a notice to MUL CCNPhNY. INC., a Michigan corporetlor.; and ARMR DR.tY_CH and :iYLVI:, DREV:CH, his wlfu, or tnoir b6irs, succusao;n or .... addreajad to th- tn..a owner at ttw address of the J;ArtA- at gilding, rmr boing construct.:d on the twroin doscribod parcoi of 01 •nmu soy on, assleaud thcr;)to by tr.. propur suthorlti..a of tr•c: 'icy of Hiami, WAL REALYY COITANY, INC., a Michlaer. eorporr,tloh; and AM= DP=CK and 3YLYIA 2=71CH, nl�5 wits, .rill ibnndon trio use of end rjwwo, estocd or ruloeatA. tn, eld outfall pipe syatca as My be directed by Lac City-s Dirviotor of tn., Oaportwat of PAllc Works, at their vZpeeee. within 90 day= rifts tn, .,old nottec shell be vailad oy or for the sfaresald Dir.ctnr �f tn., Dup,.rts�nt o' Public works. 98- 538 13. That in the •went that amid efrlusnt lino is not ramwed vitals tO dais attar sold notice ea hvralnabowe sot forta, H!tAL R?Al= ODNPANY, INC., a Yiohiph corporation; and AMM DRMCH and SYLVIA OR=TICH, US wlfo, Shall 13Codlstely bu 11001- for chv asttastod cost, as datorainod by the Dopartm nt of Public worts of the City of i(Leai, of rusoviAd. eztandiag or rolocstiag said outlall Pipesystaa, and shall pay to Cho City, in dddltion cs tna cstimotod cost as provldad nureln, any onglncorlag and contIW.,% t costa, sod may daieges, direct zr Sadircot, nor to czcoed tin porcoat thereof, plus rossoaeble etcarnoy'., fcjs wl`tch tAj City my sustain on adcouat of th0 Yailura of KENAL R£AL'+Y COUrANY, INC., a Michigan corporation; and AR:N1tR DKEV CH and SYLYIA DREQICH, 513 wife, cc carry out sad ozeeute all tnu prowinlo-.2 of Cris Agraemont, and the city My, at tbu 3010 uloet,.,a of the Diractor of trio Dopertwat of Public Mork$. -.mow,:. zzwnd or roloesto the sold affluent llhs at HERA;. REALTY Cob(P:.NY, INC., a Yicnigen corporation; cad ARTHIIR DRNICH and 4TL'r1A CREVICH, MIS wifa, solo Cost and :zpunsu; 0eid liability b,lrg jointly Sad severally and the cost thurcof, pl:s any cnglaaoring and Contingent costs, and any damage$, di-.ct or iadiruct, not to uzca0d t.a purccnt thuraof, plus ruajoaebl. ac[orn_ys' f�os whiCA ttw City Zey sujtein oa account of tnc (allure of tav principal to carry out and czecuto all the pr�vislons of t!•ls Agroemat, shall be a lion on th.+ property o:: hurvidabown described is Paregraph 1. 14. The rlgat of use of the •tracts in wrich the outrell pipe sysraa nay as installed under Lao routing twruln svt forth sad trio use of said outfall pipe syatoa era both rcatrietud to ueo Eby MAL P=ALTY COIUNT, INC., A bUCUgea corporation; and ARI"JR D30RCI and 3lLTIA OWTCA, his wife, and th..r hairs, azooutara, tueoeaeors end tang• ••algae aLo 98- 538 I purchase the aparaaat ba1141" rem nu" *Boor all of tows above described property as act forth 1a ftgoqm;& 1. is. Tows riot to coastrwt, operate or aeinatn the aid outran pipe systaa shall not be assignable to or usable by may .314 owner or lessee who owns less than tba •Dole of the preaisns now cwned by said 83WAL RIALTr CWAW>rNC., a MiohiVn corporation., ind AR KM DRMv-= and SYLoIA DRMCH. hia wire, as 1aCluded In the ioova described property as set rortA SD raregruph 1. le. In the event of the transfer of tltla of any lots -:rapt as a ;Art of a bane fide sale of the above described prvpe:ty, such transfer shall render null and void any right of use of the aforesaid outfall pipe iybtea vested in H14IAL REALTY COIAFANY, INC., s Michigan corporation: and ARTMM DXM CH and SYLVIA DRM. CH, :ire. 17. If wAL REALTY COMPANY, INC'.. a Mical6on corpornt,ar., •11.d ARTICUR =DnCH and SYLVIi ORMCH, his wife, stroll abandon tr.e use or said outrun pipe system, or any part of the nbove de.:crio••d property which shai) be sold or otherwise disposed or .)mtr trre,n �. pert mr a :inglc tract upon which said apartment oullsing will cow Cor_structed, the City +bn11 hove the op910A to require the rt=v+l of sold outrsll Pape syztea and its appur uosnaes at tha cast or iWAL REALTY COMPANY, INC., a Mlenlgan corporet:on: and AWTKrR DRTrICH And SYLYIA OR'STICH, his wife, or to porm t _aid WIN.:L RE-LTY COWANY, INC., a Michi4sa corporation; ynd ARM -A DRZVICH and SYLVIA DXLTrCH, his wife, to convey :old outfall pipe :y- tea and Mtn appurtenance:; to the City of Miami, 71nrldo,-lthuut cost, other than the assumption of the future mointennncc and operz;tlon thereof. 18. This Covenant ahsll be binding on HnA1 REALTY COV;ANY, INC.. + 4ichl4tan corporntlon; and ARrWM DREVTCH and invi, DNLYICH, his wire, jointly and severally and their nelr•, 98- 538 $Ucas�aors and asuI&M. add LM Clty of 111s24, snd iee uuccsn,%or.,. SH ma y :• the partlas Imago nave caused t. to irdtru0ent to 0e executed oy their proper permOtJ and by their du:y •1,1t:L"r1ie4 off: -tali, trio day 6.14 year noretmuGave flr,t .rlt:en. 1Vt CITY or 9J.&VI, suniei;.,.l corporation y e A U HML RFi.LTY CM(PANY, INC., YleAipn curparti ci �•n 8y - r e en c, / ..e Ore C•try . , . 11 98- 538 XV STATt OF SQC!l "N 1 COUNTY OF :� 4a� I Hl02Y CWMFY that on trite 1&JL day or evath 196", oufor: = personally eppeered 323=T =!! 1-7 ALJ-ZX 0NAZLVjgX1 a Proaident end Secretary respectively or MDEAL WAM C0WANY, THC., a Michigan corporacl,n, to MW morn to to the persona who sinned the rorerp fns 1nntr-Atrr,t so +ucn officurs and selrarelly saanoerledde trio axcc,clon cnurcor to tneir freo ❑et and deed es lucb officers for one vsu.+ .,na pur?oses ttn-rein sloncianed, and that they offiia' tmArcto trio crficial :J'Il ur aid c 1,crntion, and that the said lnscr=eat is cnu acc and dl!ed of ruld corporation. "VIIWMi my !wand and official soal it naTs ;r. tn•: county nr VAT" State of Micni-:n, t:i: 1ny arI•rdneil. '73aL1AAa`4s: 4'�LerY .Tublic e►C�atra�00, ,' ; my Coaeis.ion Szpires; erewrc.. :C•.\71 :F DAu_ 1 BF?OR: 99, n Ho,ery Public 1.1 and f-r -k-1 :;Lace a;;d ._:.ty, pwrz,rnelly ciao wRTILa'i DP-rVICH and SP_VIA :)RFVICH, tc a. xnc;-,-n and Kn-vn t.n ra the person!: !.need 1n cri, fu:cr nnn c 'b Rur. :71 tr. '.,.: L•ar.l, nnA t9ey acxr"w1.d✓rA snit tt+ey u tc7 tn= Inc for tnc purp.•-a c-aure:u •zpr,,�m •-d. - to - 9 8 - 538 IN mrlll M WMWr, I data dasaasto set My Dead and affixed q official Seel 6Qa e1► 4T of =tea. 19es. ry Pvc, Stata of Ylorlde L ree NT Commission lxpirea: s>raw AMR Riot w WM a "M Authoritad by City of ulemi .� a�aMMW oPr ,ts, t r r Rel�lu ti 0a '10- ZetOd APPAOHM A3 70 PO)M AND LIGALZTY: 7 C r STATE OF YWRIDA) •� tile: COtilly cF =Z 1 I, on officer authorized to�tap a teknowledgssIIts, KCRZUY CERTM chnc on t14S Qwy of /Jf�l_ , 1965, personally P. MWILL 101c0r04, oafscad F. L. CORIMLL, known to as to oe A aststsnt the/City Yanaser and the City Clerx, respectively, of THE CITY OF MIAISI, a supiaipel corporation, and known to as to be .ne persocss --+hu exeeut-jd ttk. foreeoiA4 Covenant T,, Run Mltn The Land, end ctiey Taverolly saknowie4eud the execution thereof tc De tnair fne and •01:.ntary act Sad deed as uuch officer!, for the uses and purpwuz tt,arein uxpreaaad, and utat trey affixed thureco tac :X!lcIsI soot )f the said mualclpal corporation, all by and ul ui the authority of law uad or the City Commission, and that the sold tastruRant i:t cbe free and formal nct of the said munieipal earporatlon. '417WEiS or aaad Sad official Seel in &Aid county Sodstaid tad -lay and year lost eforesnid. Story 0, at Large 1 �i i WYCoSmiaaiop.�pires `, )tit A• amem, NMXIMma es al !ram err at t mo ai�w�►�w�r 98- 538 Sent by: GREENBERG TRAURIG 305 579 0717; 05/01/98 17:11; ,JefffiX #961;Page 2/5 Serralta & Associates, Inc. CONSULTING ENGINEERS 9M Sunset Drive. Suite 283 Miami, Horida 33173 Tel: (305) 598-1691 Fax- (3C5] 595-4633 e-maid: saon iarni@ool.Com February 24, 19984, 19198 City of Miami Department of Pubic Works 444 S.W. 2n0 Avenue Miami, Florida 33130 ATTN: Mr. James J. Kay, P.E. Director RE; Henal Really Corlmpany, Inc. Release of Covenant to Run with the land 2785 rowtrad Avenue Dear Mr. Kay, As requested, in order to saosiy the requirements of the Release of Covenant for the referenced properly, our firm has oondupted an investigation of the property's existing sanitary sewer system. Our investigation found that the referenced property is currently being served by an e3dsling gravity sanitary sewer mainline basted along Tgertaa Avenue. This sewer mainline is owned and maintained by Miami -Dade Water and Sewer Department. We have contracted Water and Sewer Department and have verified that this property is being served and is being charged for water and sewer services by theme. In addition, our inspection of. the property has found no evidence of the former sanitary sewer lift station or force main. We did find several sewer laterals and cleanouts in front of time building which appear to be connected to time existing sewer main along Tigertall Avenue. This was also verified by the current Building Manaber who stated to ems VW the building is connected to the gravity sewer mainline and that there e)osfing no on -site lift station or force main. To the best of our knowledge, the former sewer lift s4tion and force main has been removed and properly abandoned_ If you need any additional information, please contact me. Sincerel , nil ' Serralta President CC-' Adriam Pardo EdArd 1. hires EXHIBIT "C" 98- 538 Sent by: GREENBERG TRAURIG 305 579 0717; 05/01/98 17:11; ,JetFdX #961;Page 3/5 1 11N./ 1 11... ., - r - 1 r•, - t1 --. "c PHOTOGRAPH NO G ■ 4'%t"`? %, c��.;� r;-�,� �'�r, � ��c:,✓ r c.;� ��•,��•••lc7- Serralia & Associates, Inc. 2785 Tigertail Avenue 9560s.' i, 23 Feb. 23, 1998 aAKauni, Ffo�da$?1 /3 I�,'>> s9a !ev! SAA NO. 9808 F=. 13051 595 e63? 9$- 538 PHOTOGRAPH 4o, 3 ■ c�'s .� ; c' G '- ZL `� ��r�c ' i,�?r� -A ✓c PHOTOGRAPH NO. • ''���'� "` `'G - jr'' Serralta & Associates, Inc. 2785 Tigertait Avenue 9360 Suns6T Un�e. �u��� �s Feb. 23, 1998 mi*— i. Floaeo 331 )3 SAA No. 9808 T61: (305) 598-169 S Fax: (345) 545-4431 j R (� J� 50(S Sent by: GREENBERG TRAURIG 305 579 0717; 05/01/98 17:12; ,JetFaX #961;Page 5/5 fir+; Serralta &Associates, Inc. 2785 Tigertail Avenue �� Y�60 S Miami. i. R G� o 3 72 �nicml.�+o�r�do33��� Feb_ 23, 1998 Tel: (3061$98-1691 FQK: (3051 596-4633 SAA No. 9808 9 8 - 53 PG-24a CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Honorable Mayor and Members DATE : April 20, 1998 FILE of the City Commission SUBJECT : Release of Covenant To Run With The Land - HENAL REALTY COMPANY, INC. FROM REFERENCES: Jose Garcia -Pedrosa City Manager ENCLOSURES: Resolution RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached Resolution releasing and canceling the Covenant To Run With The Land executed by Henal Realty Company, Inc. BACKGROUND On March 17, 1965, Henal Realty Company, Inc., executed a Covenant with the City of Miami to build a private sanitary force main within the dedicated public right- of-way in order to serve a 42-unit apartment complex at 2785 Tigertail Avenue. The force main was part of a private sanitary sewer treatment system that originated on the premises and discharged through the underground force main along City rights of way with an ultimate discharge point at S.W. 27 Avenue and Biscayne Bay. At that time the area was not served by a sanitary sewer collection system. Furthermore, the Miami -Dade County Public Health Department would not permit septic tank facilities to be located on the property since the 42 units exceeded the limits for septic tank treatment and disposal. The only alternative for the developer was the installation of the treatment plant and force main. Several years later, the City served the Central Grove with a sanitary sewer collection system and the referenced property is currently being served by this system. The property is presently for sale and the prospective purchaser recently became aware of this title encumbrance (covenant) and wishes to have it released. Since the original covenant was approved by action of the City Commission, it will be necessary for the City Commission to approved its release. The Department of Public Works has recently received a written certification by a professional engineer that the sewage pumping station and force main have been properly removed and abandoned. All items now appear to be in order for release of the 'povenant. � &JJK J c: James J. Kay, Director, Public Works Department 9$- 538 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jose Garcia -Pedrosa City Manager RECOMM ENDA' DATE : May 15, 1998 FILE SUBJECT: Covenants for 2785, 2855 and 2835 Tigertail Avenue REFERENCES: ENCLOSURES. It is respectfully recommended that the City Commission approve the attached request related to covenants for the property located at approximately 2785, 2855 and 2835 Tigertail Avenue with the condition specified below. BACKGROUND The property located at approximately 2785, 2855 and 2835 Tigertail Avenue has two separate covenants recorded against it; the attached request is to modify the covenant recorded in 1988 (recorded at Official Records Book 13752, pages 592-596). This modification of covenant is requested in order to redevelop the property for a 140-unit lodging house. The 1988 covenant, referenced herein and attached, has specific language which specifies that the property shall not be further developed in a manner other than the one in which it was proposed at the time the covenant was executed pursuant to approval of a variance request; the project approved at that time was for a 42-unit apartment building. The Department of Planning and Development has no objections to the requested modification of the 1988 covenant due to the fact that the new proposed use, a lodging house, is permissible within the R-3 Zoning District and will be subject to a Special Exception Permit. The Department recommends approval with the condition that a landscaping enhancement plan (to be approved by the Planning Department) be implemented within the area in order to mitigate the impacts associated with the increased number of people to the area as a result of the proposed use. JGP: CMYYCr:: L lys c: Christina M. Cuervo, Assistant City Manager Jim Kay, Director, Public Works Lourdes Slazyk, Assistant Director, Planning and Development 98- 538 WMM 1 T T u g" V 1> % T L� 4 Adrienne Friesner Pardo 305-579-0683 February 20, 1998 HAND DELIVERY Ms. Teresita Fernandez Clerk, Hearing Boards City of Miami 444 S.W. 2nd Avenue Miami, FL 33130 Re: Release of Covenants Application for 2785, 2855 and 2835 Tigertail Avenue Dear Teresita: On behalf of James Gregory Robinson and the Clarkson Company (collectively, "the Applicants"), we are applying for a modification of a covenant, and a release of a covenant for the property located at approximately 2785, 2855 and 2835 Tigertail Avenue, Miami, Florida. The property is located in an R-3 zoning district and is more particularly described in Exhibit "A" to this application. The Applicants propose to locate a 140 unit lodging house on the property. The lodging house shall provide breakfast to the residents of the house. Two covenants presently run with the property: the first is recorded at Official Records Book 4538, pages 118 - 128, and is attached as Exhibit "B" (the "Sewer Covenant'), and the second is recorded at Official Records Book 13752, pages 592 - 596, and is attached as Exhibit "C" (the "Zoning Covenant'). The Applicants are seeking a release of the Sewer Covenant and a modification of the Zoning Covenant. As indicated on the attached letter dated February 10, 1998, from James J. Kay, P.E., Director of the City of Miami Public Works Department, the Sewer Covenant may be released once a registered consulting engineer inspects the sanitary force main constructed on the public right-of-way and confirms that it has properly been abandoned and connected to the main sanitary sewer system. The Applicants are in the process of retaining such a consultant to perform this analysis, and we expect to submit this report well in advance of the public hearing on this application. GREENBERG TRAUR1G HOFFMAN LIPOFF ROSEN & QUENTEL, P.A. 1221 BRICKELL A%EnUE NIAM1, FLORIDA 33131 305-579-0500 FAx 305-579-0717 MIAMI NEW YORK WASHINGTON, D.C. PHILADELPHIA SAO P.AULO FORT LAUDERDALE WEST PALM BEACH ORLANDO TALLAHASSEE 9 g 538 3Q The Zoning Covenant contained certain restrictions on the development of the property. The Applicants wish to modify the Zoning Covenant to delete the following language in paragraph (C): That it is covenanted and agreed that the heretofore described property shall not be further developed with the exception of the development as provided in the Request for Variance as hereinabove referred to and the plans submitted therewith and reviewed by the appropriate departments of the City of Miami. Because this language may be interpreted to prohibit the development of the property with the proposed lodging house, the Applicants are requesting that the covenant be modified to delete this language. Included with our request are the following items: Disclosure of Ownership, Property ownership list within 375 feet, Resolution titles, deeds and photographs of the Property. Thank you for your consideration of these requests and please place this item on the March 24, 1998 City Commission agenda. Please call if you have any questions. cc: Lucia A. Dougherty, Esq. �1(.iS1LSAYF1EJ/9305'2'JyV80l' DOC:3JO419&24413010100 Very truly yours, Adrienne Friesner Pardo GREENIBERG TRAURIG 98 - 538 �....IB1T THIS IS A BOUNDARY SURVEY of LEGAL_ DESC_R_IPTI.ON:_ Lots 35,36 and 37 less the Westerly 5.00' feet thereof, and Lot 38 less the Westerly and Southeasterly 5.00' feet, also lots 39,40,41,42,43 and 44 less -the Southeasterly 5.00' feet thereof, all lying in the plat of CORNELIA A.DAY SUBDIVISION, according tc the Plat thereof as recorded in Plat Book 3 at Page 16 of the Public Records of Dade County, Florida. Less the external area formed by a 20.00' foot radius curve, being concave to the Northeast, and tangent to the Southeasterly and Westerly lines of the above described pezce', of 98- 538 laid 0010dR, jots ace G&W" late this UZL- day of .wee 1963, by and batmees the City of ]Liss:, e municipal oorporstioa organised sae Wdsting under the laws of the State of Florida, hereinafter called the 'City'. party of the first part, ss¢ SOLAL NaALTf OOMPA/f, INC., a Miehid0a corporation; had ARTM DM7CIN and SZLVIA DXMCR, his Wife, fee simple owners of the followlag described property; hereinafter called the party of the sasoad part; and WHOMLS, HIMAL RZALTf OC DUM. INC., a Michigan corporation; end AATHUR DXMCH and STLVIA DNMC8, his Wife, oWn the fee 3ljp1e title to; Lots 42, e3 and sa, of C7OWLIA M. DAY'S SUBDIVISION, a subdivision of part of Blocks 8 and 9, of the baLb PZQtl HDMTZAD, in the Northeast } of Section 21, Township 3d South. Rea,* /1 Best, according to the Piet thereof, as recorded in Plat Boot 3, at Pap "" of the Public Records of Duda County. Florida; and wHERZA3, FDIIUL RZALTf COMPANY, in., e Michigan corporation; sod ARTHUR DRZVICH and SYLVIA DRH ON. his Wife, intend to construct an apartment building on the above described property consisting of 42 units, said apartments to be served by a sewage treatment plant located upon said property; and 1ttl FUS. the Dade County Public NNeelth Depertmsnc oil' not permit septic tank fsoilities to be located upon the above described property, it being a requirement of the Public Bealth� Department that a sewge treatment plant be located thereon with effluent lines disobarging from the treatment plant Into Biscayne Bay; and eW3014.7, the Commission of the City of Miami bows adopted Resolution M - 3da7a authorisus the effluent lines to he eonsteuated under City streets. N hereinafter not forth. EXHIBIT 8 — 98- 538 NOW, =MU. la OMMUOVOSLea of the gv=ass gad the benefits •Alen will soon to tans fras tbo voastruotioa and operatics of said seaep trsategat Pleat and srfiuoat lines to be constructed under the guests of the Olt; of tii•ai, NMI, REALTY COMPANY, INC., a Michigen corporation; god AWn= DPM CK and SYLVIA DREVICH, his wifs, including their heirs, successors and sambas, do hereby covenant and agree with the City or Miami es follows, to -wit: 1. That BENAL REALTY COMPANY, INC., a Michigan corporation; and AR'IM DREVICH teed SYLVIA DXMCH, his wife, covenant and agree that they are the fee slslple comers Of Lots 48. 43 and 44, of CORNSLIA M. DAY'S SUBDIVISION, a subdivision or pert or Blocks 8 and Y, of Ws =WARD PENT Mimi=, in the Northeast ; of Section 21, Township 54 South. Range 41 last, according to the Plat thereof, as recorded in Plat Book 3, at Page 16. of the Public Records or Dade County, Florida; 2. After a permit so to do has been issued to it by the City, i6;NAL REALTY COMPANY, INC., a Michigan corporation; and AR—IrRM DREVICH Dad SYLVIA DRJ=CH, his wife, will cause to be constructed or installed under the surfaces of the roadways and waterways within the City Limits of the City of Miami hereinafter designated, an outfall pipe s%rsces which will extend from Lots 42. 43 and 44, of CORNTLIA M. DAY'S SUBDIVISICN, a 3ubdivi4lon of pert of Blocks 8 and 9, of the MWAD PWr HOMESTEAD. is the Northeast * of Section Z1, Township 54 South, Range 41 East, according to the Plat thereof, as recorded in Plat Book 3, at Page 16, of the Public Records or Dodo Count,, Florida, to ran across the street (Tigertail Avenue) to Cornelia Road, then southerly to S. W. Z4th Avenue and then southerly along S. W. 29th Avenue to Biscayne Bay, 2 98- 538 9 4" W!M 3. The aasatruotloa of sued outfall pipe sp tee $Dell OMVIT rite Plsns prepared by sa 2041AMM rbofterod in Florida, and approved by the Department of public Works of the City of Miami. for the purpose of securing such approval, $1l sets of trio plans of the proposed outfall pipe system shell be submitted to the Departwnc of Public works. After the construction is complecd, a set of as -built Plana shall also be iurnlshad by W- AL REALTY COMPANY, INC., a Michigan corporation; and AMMM DREPICH and SYLVIA DRMCH, 013 Wife, for the records of the DePsrtmeot of Public Warts. 4. The Initial stating and all final measurevants +hall be done by a Surveyor registered to Florida end a copy of his Field Book shall be filed with said Department of Public WorKa, and gems shall show sufficient ties with the various Street Monument Lines to enable the outfall pipe cyst= Lo be securely located in plan. Such field notes shall also show ground elevation and the elevation of the top of such outfall pipe system at aneh change in vertical direction and also the elevation and location of all ezisting underground utilities uncovered during the construction of such outfall PIPS system. 5. RMAL FULTl COMPANY, INC., a Michigan corporation; and AR7KUR DREYICH and SYLPIA DRLYICH, Us Wife, Jointly and severally will hold the City bermless from any liability established by law arising out of the greeting of this Covensat, and will defend, or cause to be defended, any setioe brought against the City in connection herewith. WMAL RZALTY COMPANY, IIC., a Michigan corporation; and ARTSM DRIYIC11 and 3YLTIA DRSVICH, nis rife, shall furnish to tee City of MMi"I a liability insurance policy Is tab asnuat of $100,000/300,000 sad propertr damage in the saouat of $20,000. In oniaa the City of llisni is the bawd insured, holding the City homeless from say liability hatabliatnd by lea 3 - . 98- 538 arlela` out of the ~3,ag of tale CO"44&t. and will defebd, or osuee to be AetesAot. say asUoa br&Aot against the city is oohneetlos borewlth. •. =UL 1QALTT COWANY, INC., it Miehigen corporation; end AW&UP DWVTCR end SYLVIA DF4MCH, his .ifs, will operate sod maiataln such outfall pipe system In ^ manner that will prevent it from being or becoming s nuisanoa or detrimental to public health, astaty or good nr in onyrise injurious to adjacent property; and In the event it she 14 produce or permit unpleasant odors to emoamte therefrom, OVAL RLALTY COM£ANY, INC., a Michigan corpirntion; and AR11WR DP_v ICH acid SYLVIA DIWICH, his rife, at its cost r111 instill such odor controlling devices sr may be re- -iuirsd by the Director of the Department of Public Works. 9, The right of use of sold outfall pipe system Is restricted to structures constructed by or for HLNA.T RLAI.TY CCVFANY, INC., a Michigan corporation; and ARTFUR DRYICH and SYL71A DRM CH, his wife, and occupied by tiles on Lots 42, 43 and 44, of CCRNF.LIA M. DAY'S 3VBDIYISION, o subdivi-lon of part of siocxs a and 9, of the ID'IARD P= ODWSSTUD, in the Northeast j of Section 21, Township % South, Range 41 Sost, -iccording to the plat thore.-�f, as recorded in Plat Boos 3, st Page 16, of the Public Records of Dods County, Florida, as part of said apartment eulldinit. Such right of use of paid outfall pipe system smell n:,t be assignable ezeept in connectlon ri:h a bons fides -;a;c of Lots 42, 43 .end 44, of C01MLIA M. DAY'S SUBDIYI;=N, e - 4 - 98- 538 subdivision of part of Bloats B and 1, of Fes XDWAMII PINT H2MTLAD, In the Northaant ; of Bastion al. ?M=Up 80 South. Wad* 41 Let, according to the Plat thoreof, as recorded in Plat 8mt 3, at Psita 16, Of the Public Record$ of Dodo County, llorida, an a single parcel. S. SMNAL RIAVY CQUIXT, INC., a Michigan corporation; and ARTSNR DV4MCR and SILVIA DXM CM, his wife, shall furnlsn to the C1tT a iisintonence bond in the prlaelpsl amount of $1,000.00 with Sureties to be approved by the Director of the Dupsrtmeat of Public Works of the City of Mismi, conditioned that after the principal shall cause to be out and/or szoevated the paved or unpaved surface of any street along which thu outfall pipe system heroin ruforred to shall be constructed, MUL RSALTi COMPANY, INC., a Michigan corporation; and ARTMZ DyXnCN and SYLYIA DRrn CH, pia rife, will cause such eieavation to be beotfilled and eompaeted and t.se surface above .!%me to be seddod or repeved and a level 7urfacb condition to be created, such restoration snall bb approvod in writing by a qualified Inspector employed by tbv City of Miaml. e. It is further covenanted and agreed that u sewage treatment plant snail be constructed with a polishing sand filter or a nand strainer approved by the Department of Public worx3, between the final settling tank add the effluent line, and snail nuvv a standby blower and chlorine contact basin. Thw scwsge plant shall be operated by a person holding at least a Florido Class 'C' Serego Float Oporstor'■ Cartifiesto. Thu plant shall o.: inspected annually by a qualified representative of the msnufeeturor, end a certified copy of his report submitted to th, City had the State Board of Realth. One additional copy of the monthly roport shall be submitted to the State board of Health for their roview end coaslsat, end sdbWasics to the City. 98- 538 11 10. It is !intoner t/aaititt],L: OeVeaaatot sat easel that the MUL WiPW, =Q.. a GLOM as oorporStioa; and AR'l7RAt ORMCH Sad By= I ==. his site. at tASir exposes Will disconnuct the 84e090 traatslsat pleat sae soaaost the outfall pips systoa at thu spartaast bulldiaa to tee City cr Mlaa1 savor zy-,tom vithi3 3o days after such sever lino shall hureafter o- mndv ovnitablo to serve the harula described property. 11. In the ovum such asaitary sumur sorviou is pruvidva by thm City by creation of a settitary saver Iaprovuaant Dlatricc, RENAL REALTY COMPANY, INC.. a 1Kaaips corporation; and ARTHLT DREv?CH and 3YLVIA ORVICH, hits +.^. oowuneat and ogre to .tcccpt and pay their proportiaaa W pert of tho cost of such eve wur as name say bu assaasud to this by the A9369a2unt ;;.:Ction of mi Dcpartaunt of Public works of the City. 4 12. It is furtZur cavenantod snd agrucd by HENAL REALTY CC14PANY. INC., o liiahigan corporation; and ARTY.SIR DRYVIC11 AILD ,Y:.yIA DREVICH, hic rife, that in tho uvuat the Dtrcctor of the Dcp,rua.,nt of Public Mona shall datarnine that If IS eeeusasry mr udvisat,lu that said outfall pipe system bu rulocatud, rumov.d, .:xcvrdud or Its use abandoned and shall sell a notice to HEHAL REALTY COMP:.NY. INC., a Michigan eorporstior.; and ARTMR DRM-CH and :;YIVIA DREVICH, his rife, or their I>`irs, SUQC433OZn or ,.::.L,;n ., oddresacd to the thua owner at the aadrvss of the upartm-it ts:iiding, raw boing Conatruc"d on the hcroin described parcel or land, on -oau May bd assianud thereto by t�,: propur suchoriticj or tru pity of Miami, HEN AL REALTY CWTANY, INC., a Michigan Corporntion; and AR11M Dj= CH and 3YLVIA DREVICH, hia wife, rill :ibnndon the use of and rvaavo, aztood or rulocs W the bid outfall pipe sy3tua an nay be directad by the City's Diraotar or th•, Duportm:nt of Public Worka, at thuir vzpansm, within 90 dsy: nrt.:r th. ::uid notice shall be smilea by or fur thu aforesaid Dlrvctrr of thu Dop:-rtmuat of Public Works. - 6 - 98-- 538 13. That is tb* sweat that said ei?lunat lica is not remowod witbia 90 days aftor said cosiness horaLambowe act forth, HENAL MLTf MVPANZ, INC., a YidttiV& corporation; and AMUR DREVICH and SYLVIA DREYICH, his wlta, shall I=adlstely bu lioblu for thu estimated Cost, es detormiaad by tho Dopartmont of Puolic works of the City of Miami, of reaming. extending or relocating Said outfsll piposystoa, sad shell pay to the City, in addition to the estimated cost as prodded hursin, any engineering and contingcnt Coats, and any damages. direct or indircat, not W cxcoed tun porecat thereof, plus rosscasble attorney'.' foss which tnu City My sustain on account of Chu Tailuro of MAL REALTY COI ANY, INC., a Miehlgan corporation; and AR?HUR DREVICH and STIVIA DMICH, his wifu, to carry out and oxecute all trio provislo!.s of ti:18 Agreement, and the City may, at tbco solo oluct'_,a of the Director or the Dopartmunt of Public Works, rumovt;, :xtand or roloeato the said affluent line at KEXAL REALTY COMPANY, INC., a Michigan corporation; and ArMR DREYICH and 3YL'IIA ORa-fICH, his wife, solo cost and .spensw; said liability b�inpt jointly and severally and tIIa cost thurcof, plea any enginocring and Coatingant Costs, and any dam ges, direct or iadlruct, not to uxc.wd tcA percent thuroof, plus ruajonaole sttorn;ys' fuos which tho city :ay sustain on account of the failure of th.: principal to carry out and execute all the provisions of t!•ia Agreameat, shall be a lion on the property a;: hurvinebove described in Paragraph 1. 14. She right or uss of tbp atrasts in wrUft the outfell pips system may be lastellad under the routing hurula sit forth and the use of said outfall pipe system arc both rostriotud to use by MAL P=ALTY COMPM, 1110. , a bllchigee corporation; and ARTmR Dxmcs and sYLVIA DKWICH, his wifa, and th.,lr hairs, executor*. rilees*101a and MUG ssslgas who . 7 . 98- 538 purchase the apsru m & beLlLiet fastUJL a onvor all of the above described property as set forth is ftmgm;i I. is. the right to constrsst, operste or maintain the :aid outfall pipe system shall not be aselgpahle to or usable by any :ana owner or lessee who owns less then the whole of the prezisas now cwned by said H=LL REALTY CCWANY>2IJC., a Michigan corporation.; and ART1WR DREY'CH and SYLVIA DXMC$, his sire, as included in the ibove described property as set forth in Paragraph 1. 16. In the event of the transfer of titla of any lots accept as a part of a bone fide sale of the above described property, such transfer shall render null and void arty right of use of the afore^aid outfall pipe :yates vested in HVIA1 REALTY COMPANY, INC., s Michigan corporation; and ARTKM DRIVICII and SYLVIA DRM. CH, ni.: ,ire. 17. If '.SAL REALTY COMPANY, JW., a Nicnigon corporot,or,; ai,d ARTHUR DREVICH and SYLVIi DPEVICH, his wife, shall abandon tr.e use of :raid outfull pipe aystem, or any part of the nbmve de:;crio-d property which shall oe sold or otherwise diaposed of other th:,n ,. pbrt or a :angle tract upon which said apartment building will ce constructed, the City rball have the optioA to rdquire the rencv-sl of Enid outfall pipe system and its appurtenances at the c:,st of tffi:AL REALTY COMPANY. INC., o Michirp n corporation; and ARTHUR DR37ICH And SYLVIA DRSVICH, his wife. or to perm t .aid N'D<AL R kL'IY COITANY, INC., a Michigan corporation; and ARTHUR DR3VIC1i and SYLVIA DRMCH, nis wife, to convey .aid outfall pipe 3y,ten and its appurtenance;; to the City of Miami, Florida, without coat, other then the Assumption of the future maintenance and opdrution thereof. 1S. This Covenant *hell be binding on HENAL REALTY COMPANY, INC., a Michigan corporation; and AR71f1JEi DREVICH and .iyl.vI , DN1►ICH, hls wire, jointly and severally and their heir,. -a- 98- 538 'am 11 successors and ssuigas, and the City or Sisal. and ita uuoaentsor:t. IX WIIWZ53 M=p?, the parties hereto have caused ti.lu instrument to be eseauted DY their proper persatts and by their duly nvtn,,rlzed uffl:iaij, the day and year harainutova fir-,t Written. t a".EST : t A T-S;T : .,eera Girt 011, `rl av Tu CITY 0! MAVI , % Muni el {.0 1 corporation e-f u,n suttu of By HML MLTY COMPANY, INC. Michigan eorporuti"A Y r sident cam•-., �� �: t!. .,,&A A&O A EMrVLUX 98- 538 STATT OF iamaoa ) COUNTY OF - Vain L L I HEPZBY CUL FY that on this tjW day of sertsA 1965, ouforc ma personally appeared Zl tt= -n-n-1 ALLi71 CH"LDt+R1 , President and Secretary respectively of HINAL MALTY COWANY,.INC. , a Michigan corporacion, to me ,morn to to the persons who Signed the foretp tng rostra 2etit 30 wueh orfieurs and severally ealmowledge the ozccutioa chareof rc their free net and deed as such officers for the uses •,nt purposes tn•<rcin mentioned, and that they affizc' thereto the orricial :o•tl or lid c p�rntinn, and that the soid ihstrment 1s cn,� act "nd diced or :,aid corporation. WIZN= my WR4 and orricial seal at nwra7[7 :t. th.: County cr WATNs , State or Ai Cni c,n, th, my aturesaid. �i �e L16Ad�s �v.1tary��C� ' `' elpelal M ; c MCae��?;�'I My Commission Szpires: Asay4,eyge-C--„, SFFOr� 93, n Nor+ry PuDlie in and r-r :%id 'State ,nd Pvrz,:nally cj= A;MI t DREVICH and SYLVIA DRF41CH, ni- • i:'�, tC 71.: Fe_1 Khc%vn and Known ca bu the person rnaod in ch.' ferar.•in:< r nl- t io Rut. %li th ?L- L•,rd, and vtey acxr,c%vlcd✓.ed tnst they -•t:•.utvd the -•inc fur .he purp-r.0 txrein •zpr�:;.-d. 98- 538 IN will3S8 ■W"f, I Dave hersttato not 1W land and Iw n affixed my o!licial goal tho'? day 0! ' . 1965. s, s o oz a L rEe My CoMi8310a Expires: Authorized Dy City of Miami "� aatiss t�.fs ►ts. af WON, We Resolution No. Mai& Dated roh 1? _ ' aAt , A i APPRoV=D AS TO FORM AND LEGALITY: . t -N 1 -e Assistant y _ STATS of FLORIDA) ' COI.Hrf CF LADE 1 I, an officer authorized to tees aaknowledglMIIts, lCMM CERTIFY thnt on this W day o! ) 1.965, personally P. 1f� ANDREWS 3ppcorod Deform or/i mad F. L. CORRZLL, move to me to be Assistant the/city manager and the City Clerk, respectively, of 11M CITY OF NIAIII, a municipal corporation, and known to 40 to be the Parsons :,hv exeeutod tbe: foregoing Covenant T., Faun With The Land, and they rsevvrally seknowladge:d the execution tbereof Ca be their frce and voluntary act and dead as luch officers, for the udas and purpwus therein uxpre;sadd, and that way affixed thereto the official seal :ir the said municipal corporation, all by and WitA the autbority of law and of the City Commission, sad thsc tba said instrUWAt 1:e the free and formal Met of the said municipal corporation. ,onwvis ay hand sad official seal in snld couaty sax state the day and year lost aforesaid.notary 1 _ o e a, at Largo My Comissico•1xP rev. , ilirr `+ otass u ars>•s vs mat a r aaawa �iairwa � w �►�� he ! to 98- 538 AL IS Pn3936 88R2576S0 R'«: 137529 592 DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants running .,ith the land ("Declaration") is made and entered into this 24th dAy of March, 1988, by JAMES G. ROBERTSON ("Owner") in favor of the CITY OF MIAMI, FLORIDA, a municioal corporation of the State cf Florida ("City"); W I T N E S S E T Y- WHEREAS, the Owner holds fee simple title �o certain property located in the City of Miami. Dade County, State of Florida, consisting of Lots 35. 36, 37, and 38: less the West 5 feet thereof; together with Lots 39, 40, 41, 42, 43, and 44; lass the South- easterly 5 feet thereof; CORNELIA M. DAY'S SUBDIVISION, according to the Plat thereof as recorded in Plat 30ok 3, at Page 16 of the ?unlit Records of Dade County, Florida (the 'Property"); and WHEREAS, the Owner has applied to t`.e City of Miami for a change of zoning to ootain certain Land 'ase a?proval as contained in the Application for Change of Zoning of the City of Miami, from RC-2/5 (General Residential) to RG-2/6 cCeneral Residential), and retaining the SPI-3 overlay district, foz tie above-descrioed property, less the southeasterly 5 feet thereof, and less 1 foot on the north and west rear property Line, and less 1 foot on the east side property line thereof, that said application is hereby made a part hereof by references and WHEREAS, as a companion item to the above, an Application for • Variance to obtain certain land use approval from Ordinance 9500 as Amended, Article 15, Section 1510, Subsedtiob 1533.3 Special Height Limits to allow an apartment buildinq on the above site as per plane On file, with a maximum height amended to 49 feet, th..t said application is hereby made a part hereof by reference, and with a F-A.R. not exceeding .94; and k4 w.t• few ,.. r`sw.. c •o• .- . .... .so.. a...v..o A "— EXHIBIT C —' 98- 538 ML 1375M 593 WHSHXAS, the Owner is desirous of making a binding commit- ment to assure that the Property shall be developed in accordance with the provisions of this Declaration; MOM, THIM01E, the Owner voluntarily covenants and agrees that the property shall be subject to the followinq restrictions that are intended and shall be deemed to be covenants running with the land binding upon the owner of the Property, and his heirs, successors and assigns as follows: A. Incorporation by Reference. The recitals enumerated above are hereby incorporated by reference as if set forth in foil. R. Unity of Title. The Owner hereby covenants that the real property hereinabove described steal: be construed as a sinq:a tract of land and no portion thereof may be subdivided for purposes od sale. otter %h a tract of she whole consisting of all the property as heretofore described. C. Restricted Use. That it is covenanted and agreed that the heretofore described property shall not be further developed with the exception of the development as provided in the Request for Varianom as hersinabove referred to and the plans submitted therewith and reviewed by the appropriate departments of the city of Miami. O. Building Reidht Limitation. The height of buildings to be located on Lots 40 and 61 hareihabove described shall not exceed 49 feet in height as provided in the amended plane submitted by the applicant and approved by the appropriate departments of the City of Miami. E. Effective Date. If the City Commission of the City approves the Owner's pending applications for Change of Zoning and the Request for variance, and after said aperoval has become final and non -appealable, this instrumsnt small constitute a covenan� r—ning with the title to the Property and be binding upon the Owner, his heirs, successors and assigns. In the event the applications as au�mttted by the Owner are rot approved, this Declarstion shall be considered nuli and void and shall oot -2- ..sa a a.ta IR a,�ae.a• « .� . O ae• )a0e .• ••.•�• .. ace •a ,aer JH 98- 538 137528 594 be recorded in the Public Records of Dade county, Florida. :n r the event the applications as submu eted by the Owner are aoQrcved by the City but are challenged by bird parties in a court of competent jurisdiction, then the provisions of this Declaration shall be stayed pending the final determination of the court action. In the event each court action results in a reversal of the City's final approval of the applications, then the provisions of this Declaration shall be deemed null and void and without any force or effect. These restrictions shall be for the benefit and limitation upon all present and future owners of the Property. F. Amendment and Modification. This instrument may be modified, amended or released as to any portion of the Property by a written instrument executed by the then owner of the fee - simple title to the land to be effected by such modification, amendment or release providing that same has been approved by the City of Miami. Commission. Should this instrument be so modified, amended or released, the Director of the Planning Department or his successor, shall execute a written instrument in recordable form effectuating and acknowledging such modifica- tion, amendment or release. G. Term of Covenant. .his voluntary covenant on the part of the Owner shall remain in full force and affect and shall be binding upon the Owner, his heirs, successors and assigns for a period of thirty (30) years from the date this instrument is recorded in the public records. H. presumption of Compliance. Where construction has occurred an the Property or any portion thereof, pursuant to a lawful permit issued by the City of Miami, and inspections made and approval of bccupaacy given by the City, the same shall create a •�i• � �K[ /a. M.fr•uf� • .r • .. •q ..: •• ... . . .JJ• •V4 MJOt �'/ J� 98- 538 a t 0- 13W 595 pre-soption that the bus t ldiags or ,tractor., ttms eonserucud yC comply with tLii�'atent and spirit of this Lsclaratica of metric- __ .tip - said Declaration shall not be construed as a .3a Mow d on �t2�i ' an of said Y property upon which said development has occurred. I- Inspection and Enforcement. It is understood and agreed that any official inspector of the City of 41ami may have the privilege at any time during normal working hours, to determine whether the conditions of this Declaration are being complied with. An esforeement action may be brought by the City or by any property owner within 350 feet of the Property and shall be by action at law or in equity against any party or person violating oY AUNIMAdg to violate say cuvmnts, either to restrain violaticas or tO.,Fecover damages. The prevailing party in the 53 action or suit shall be entitled to recover costs and reasonable attorneys fees. This enforcament provision shall be in addition to any other remedies available under the law. J. 8everability. Invalidation of any one of these cove- ['- nante by -uQ10" ,of Court shall not affect any of the other provlsio 6Declaration.'which shall remain in full force and effect, provided, however, that such invalidation may be grounds for the City to amend the zoning and/or land-uae requla- tions applicable to the Property. K. Recording. This Declaration shall be filed of record among the Public Records of Dade County, Florida, at the cost of the Owner. IN NITHZSS WHEREOF, the undersigned has set his hand and seal the date. and year first above written. P Signed, sealed and delivered , In the y._ wn._ of: JAMS Q. =BZRT5OW 1' ! Nea 1. 14ee.Ae, drP*M4+ w �� • e Nr »ee.e ... ..� N,se •be'ra ar.o 98- 538 S. 13MR 596 STRTs Or nARX" 1 � say COQRTY OF DADS aefore me, the undersigned authority, personally »",.......,. appeared SAME G. ROURTSON, who acknowladged on this 21tA' vY of Nazch, 1988, that he executed the lozegoinq Declaratl6A'9 ' Restrictive Covenants for the purposes expressed - —i',}1 p My comission exp,ireas enn �:_: �y't a rtnioi 'c'37ftrida at bar }.-e ci'r.. r ..- •�. .: <.'�i M.tM ge jt "I0 li: ,•��� I ' F;- rerAf s ewe .tmr w. w swr aof.. nave. RGC■1 eq'•MJ dm dAd41 aws -S- ���tt' Me! • e,eL Ie. /rte�.,�• ., .,� • O fe. 1fO1Ja r.♦ •• lf�f� `feel M)-01.0 ar7�: • . Jl� 9 L3 538 Cat#g Ulf ffliaw 4r IA.',1ES I. KAY, P.E. Director February 10, 1998 Ms. Adrianne Pardo Greenberg, Traurig 1221 Brickell Avenue Miami, FL 33131 Dear Ms. Pardo: HENAL REALTY COMPANY, INC. RELEASE OF COVENANT TO RUN WITH THE LAND 2785 TIGERTAIL AVENUE IOSE GARCIA•PEDROSA Citv Manager City of Miami Building & Zoning Department records show Building Permit No. 13- 53385 was issued to Henal Realty Co., Inc., for the construction of a 42-unit apartment building, including a sanitary sewer lift station with a force main constructed on the public right-of-way, and to be connected to an existing outfall. in order to satisfy the requirements of the Release of Covenant, the property owner must retain the services of a registered consulting engineer to inspect the sanitary force main constructed on the public right-of-way and confirm that it has been properly abandoned and connected to the main sanitary sewer system. The engineer's report must then be submitted to the Public Works Department for review. if the report is found to be in order, Public Works will then schedule the item for the next available City Commission meeting for Commission action. Please contact Cesar Gonzalez of my staff at 416-1219, if we can assist you further. S' erely, James J. Kay, P. E. Director JJK/m CC: Cesar Gonzalez DEPARTMENT OF PUBLIC WORKS /444 S.W. 2nd Avenue/Miami, Florida 33130/(305)416-1200/Fax:416-2153 Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708 98 538 AFFIDAVIT STATE OF FLORIDA } } SS COUNTY OF MIAMI-DADE } Before me, the undersigned authority, this day personally appeared Lucia A. D o u g h e r t y who being by me first duly sworn, upon oath, deposes and says: 1. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Zoning Ordinance of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he/she represents, if any, have given their full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of toning as set out in the accompanying petition. 3. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Applicant's Signature' STATE OF FLORIDA COUNTY OF MIAMI-DADE Lucia A. Dougherty The foregoing instrument was acknowledged before me this ;/J day of 19 , by ; i A _ n n , r, P r r who is personally known to me or who has produced as identification and who did (did not) take an oath. Name: Notary Public -State of Florida _ Commission No.: 0FFI7C7 \UT,\RY M Commission E q�� MiNRLSO1, R 00NZ,,i Y XP• :§ TI AKY ;TATF 01 `LIY C(��1�115SIU\ --------- 98- 538 OWNER'S LIST Owner's Name James Gregory Robertson Mailing Address c.o Michael J. Swan 27C1 1e Jeune Rd. Co�ia;, gabi.2s 3313 p d Telephone Number (3 0 �) : 3- 5 0 2 0 Legal Description: Ow-ner's Name See attached 7"xh1.b1.t Mailing Address Zip Code Telephone Number Legal Description: Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 3%5 feet of the subject site is listed as follows: Street Address None Street Address Street .Address Legal Description Legal Description Legal Description 98- 538 DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: 2785, 2855 and 2835 Tigertail Avenue, °iIdR1I Florida For regal Description, see attached Exhibit "A" 2. Owner(s) of subject real property and percentage of ownership. Note: Section 2.618 of the Code of the City of Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. See attached Exhibit "B" 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 375 feet of the subject real property. None Owner or Attorney tDr er Lucia A. Dougherty STATE OF FLORIDA COUNTY OF MIAMI-DADS The foregoing instrument was acknowledged before me this day of _ t I� � CA 19 by ; . o h e r t who is personally known to me or 4.iio has produced as identification and who did (did not) take an oath. c� 1�k7., Nance: Notary Public -State of Florida Commission No.: , _. OFFl I OTAF SFAL Commission E Rt50L co F. o1- z My .:� rLaLic 5TATF f MCOMM Y COMMISSION 98- 538 11 11 -XHIBIT A THIS IS A BOUNDARY SURVEY of LEGAL_ DESC_R_IPTI_ON: Lots 35,36 and 37 less the Westerly 5.00' feet thereof, and Lot 38 less the Westerly and Southeasterly 5.00' feet, also lots 1. 39,40.41,42,43 and 44 less 'the Southeasterly 5.00' feet thereof, all lying in the plat of CORNELIA H.DAY SUBDIVISION, according tc the Plat thereof as recorded in Plat Book 3 at Page 16 of the Public Records of Dade County, Florida. Less the external area formed by a 20.00' foot radius curve, being concave to the Northeast, and tangent to the Southeasterly and Westerly lines of the above described paccel of land. 98- 538 Exhibit "B" Owner: James Gregory Robertson 100% Contractee: The Clarkson Company is owned by: 1. Charles A. Clarkson 3100 University Blvd, Suite 200 Jacksonville, Florida 32216 56% 2. Robert W. Clarkson 3100 University Blvd. South, #200 Jacksonville, Florida 32216 5% 3. Doris M. Magowan 2100 Washington Street San Francisco, CA 94109 24% 85%* -------- ----------- -------------------- The remaining 15% interest is owned by individuals who each own less than 5% interest. MIAMVPEREZR/921300rjcrv_OiI OOCJZV9/N 98- 538 I 50MIRM026 MAMCC, FORM 6 TAX Folio No., 01412102503SO Grantee's SS#260 07 07164 Oidt-Mim Dud, F,.,,.d thivilth jay ci rtce='�!r A Plu 89 ITZEL RIVAS ROBERTSON, a single woman Aryl Party. to JAMES C. ROURTS011 2355 Tigertil' avenue, Sidle oc­jc Cr^vp or!4_1 N '0 10 33133 "oe"d Party: N Beni a= i That the said Porly. a, -ndin coluai-mg, '.o.00 --------- in iumd Patti by the :4d tew"d Party, the rectipt w4c,eaf 1, hem[., Act lweby vn uc, 'o- lea" and quit-CLaim onto the said second Party for~,. all As !qhf. !,i,c C40.- oftj joMa'd ,,Lich the :41.1 first Party has in nn ! to the dascr6rd lot, t,(.Co 0, J>­el of 1."4. situol*. 1)4-0 and bel.0 in the COUM17 of Dade Lots 42, 43 and 44 ct CORNIMIA M. UAY'S SVBDIVISION, of part of Blocks 8 and 9 of E!)WARD PENT F.CMEST:AD, according to the plat thereof, recorded Jn Plat Book - at Page 16 of the Public Records of Dade County, F)07*;d3. CJAI VIV010 ;;., wt- TO Rau and to 'HoLd h.!.ngjrtq or In GAYWU4 opoors.1ni'l; C' C:i t000ve of the said first party, Cilki, 1, 1­ ­d 0, ­IJ second party forawr. The ow-d Irr.t port, ;,as CIVn7� one 3:0!r,4 PV,unJj :h, A, and Y­ first above wrttleft. Stvn#cf. tooted and deliverucl in wvso,,,v ,.i Fior:aa 8TATZ OF nORIDA, ;OUHTY Of WDF trite" d0s, tmMdred In :Lc Aw, C­'. ."­­6 6, 6, jhe ­ Dacvz�Jcr i")+ Att!t. v.teevt` =.ArT x f 154 .,�. ` �''•M111L11M.MA..• .. tuMCo FORM A .Tax;' oflo; fVn. 0141210250310 " Gcen�t .41s:SS11260��070744 lh� �uit'�Ia m Bad, Executed !hu 18thdap of Oeceobor ITZEL RIVAS SOBERTSOW, a single woman flrat party, to JAMES C. ROBERTSON .�. D tos4 . 6s• `� �yQWQ`r O• V iG o �ro a W whose potto(ftt»arldn,s to 2855 ':lgezcol! Aver.va, Sv::e ,t i!0, :.o, vnut Florir:c � 33133 r.eund pAA?,� fww.wr.., w. A.V e., r. '•en.. o ^ .. t ' .we w,,• .nw....,.,..... .,rn rw ". ,.e,On,.,i�\ ,tee r..M .!�wJ..,.N, o.{ W .,.,...,r. .,J .rr/.,'., r.Tw. ,.�.., I,.,I.w .M ,n.,,• O �p ip 1�i :1 it Tiest ties said f bet part/• foe and in rvnrul.rnn.,., of d- ,u,n of 3 .10. 00--------- !n hand poll 67 the add taeetld Poorly. the reoelpt whereof a i, •rreL`y arirnowrv4ped, doee hereby r*m,00. r. boas and quil<Ialrn un,o tie eatu ..xnd porty forever. all rl.e ,I6 r. I,1!,.. tntar"I, clat- and dc.nand .,km, the said firer parry has In and to 16. (otlavanp doare.tbad lot, or.c. or oar.ai cf land. rlluat.• lnnq and b—, In the County of bade Slat. oI F:tr .tin Lots 35, 36, 37, 34 And 34, of C3PUN EL:11 r. DAY '5 SiJB- DIVISION, of part of Blocks 8 ari ^wAu-7PENT H(W.ESTEAZ, aceordlnc to tZe rlac-_ner,: f ;e recorded in Plat 5ook 3 et Facia It of .::r- R -res ^aae County, Florida. i •coat vr..,•t0 L'r.R 0'• C:TQlIF � C� l..ate I i I � '10 JjAVt to jj#IU � jl W{" il\: rerna IryJa �, yr u.,� cY. m.L nG:.iar !�. apD>,r/.rtnneat \na,c.�„�e balonpina or, In arqurla appmUtnlnp. and all fi,., n•r•,le. �{):,f idle. In1en-11. 9en. aqully and claim avow of the said jlee/ PoelY. eui�r tp !au, o' eael�y, Io :,.w nnir : ,�.• uar. i. ^.n r(:: end l,rl,xf of the •r,•r) eeeond Oory lerasw. �n 7�I�rn W/ltii��, Tha uld furl aorly I'a, „r, . <. .,d ,r ird Ih.., or ernlr A. do, ..d Signed' sealed and deltv"vd In omsence of 1 I, ,4RMANI)U A <A, - ^ u 1 ! ,it r {/v l,NNA H. WY-7,GId II ETA1'➢ OF f: n'uDA. 1 I7 �<n ltf i\ 1r1rI1 11 WITNES; ..ir .,�... sec .,,.r ,,.. .. ._ . �• '. � `T., , � • .�I-,.ice = '�� 'i. 1'•y:a:�:main, c-n� ,i I� a'iiin I,rmrr,nr•:: j.r.I rm :i i �•,� a t! 0. />'IQB�ElAIr4.l7►J��.-. r,,•.. ._.,�. ... _. ... .. __•Cti�YVl.�.-�GS'fi`. ^, �s�i 53� ^44 .0, Z RAMC& ra" I and Oi4121025o?jcS S SS42607 0744 18th 447 eI Oak-Mm bud, ITM RIVAS ROURTSON, a single wo=n first park, to YAMES G. ROBERTSON V N9 3 A D w A,%fs pos t*j*V Ode'— l I t! 2355 Tjtortail Avenue, Sure 111, Grove ilot,jda 33133 -Z ­_md P*:*(Y: Tl,a: -),& mid jir•i Pt q �o, .-1 -7 111 In hand pea ty the r-Id C.mmd po", :;'. _oF.-Or ­*.-Mi 9 "s, ami qua-cLatm unto the aauf see %J POrLY 0 1$,@ fli;. 16 SCU first potty has In w-, to CRO r `-."."? edre";.d 104. pl—, 0, in the County of Dade si.f. .1 o—il Lots 40 and 41 of CORNELIA M. DM'S S03:'.1:5_70N, acecord- ing to the Plat thereof, as recorded _,n riat 2no; 3, Page 16, of the Public Records of Dade Cuu^tv, ­.orida. To Have and to -Mold Lr6rtiifni) Or IN dAYWt3m GPPdr`QiFl1otq and a:' :.1 •rl—, of the @.,d first Party, &,Lkl- IF, !­ 0, q-1) 11;. 0.1d second party for w, In Rfams Whereof, The told (­l ratty I" jej,­d nnu ­;,Fl .­ errr.n to It'. 11.Y I—, Y,., ling above Written. Si wi, actekd and J410red In rrost"C4 UfirFA J6 t083,a N-vi, zh 5,,evt NNAM. ^ JXSO STATt OF FLOSUCIA, ,%ouN—,y OF DADS .. �� 'O(rker 'My wlwmcd In �;,t C—my t aho I` WITUFSS r %,..I Is ej i lay In;- - mart r­' 7,-, iOF",t" C"I'-, - 25 1 98- 538