HomeMy WebLinkAboutR-96-0013r-
96- 13
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
AND DIRECTING THE CITY MANAGER AND CITY
CLERK TO EXECUTE AN INSTRUMENT FORMALLY
RELEASING AND CANCELLING THAT CERTAIN
COVENANT TO RUN WITH THE LAND BY AND
BETWEEN JENECO CONSTRUCTION AND DEVELOPMENT
CORPORATION AND THE CITY OF MIAM1
CONCERNING THE PREMISES LOCATED AT LOT 2 OF
CLARK FARMS, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 42 AT PAGE 23 OF
THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
WHEREAS, Jeneco Construction and Development Corporation, a
Florida Corporation, 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 required Jeneco Construction and
Development Corporation to disconnect the sanitary sewer force
main and reconnect the sanitary sewer outfall to the new sanitary i
system provided by the City of Miami to serve the premises
located at Lot 2 of CLARK FARMS, according to the plat thereof,
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as recorded In Plat Book 42, Page 23 of the Public Records of
Dade County, Florida; and
WHEREAS, said Covenant was duly recorded on July 19, 1973, i
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In Official Record Book 8390 at Page 560 of the Public Records of
Dade County, Florida; and r
WHEREAS, in April, 1987 the property owners obtained City
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of Miami permit no. P 87-2236 and completed the required sanitary
i
sewer connection to the new sanitary sewer system; and
ATTAR
CllAJEryT
CONTAINED
WHEREAS, Jeneco Construction and Development Corporation
has compiled 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 contained In the
Preamble to this Resolution are hereby adopted by reference
thereto and Incorporated herein as if fully set forth in this
Section.
1 Section 2. That Covenant to Run With The Land executed by
Jeneco Construction and Development Corporation requiring the
disconnection of the sanitary sewer force main and reconnection
of the sanitary sewer outfall to the new sanitary sewer system
provided by the City of Miami to serve the premises located at
Lot 2 of CLARK FARMS, according to the plat thereof, as recorded
In Plat Book 42 at Page 23 of the Public Records of Dade County,
Is hereby released and cancelled.
Section 3. The City Manager and City Clerk are hereby
authorized-1/ and directed to execute an Instrument, in
substantially the attached form, formally releasing and
cancelling the aforesaid Covenant, and forward said executed
Instrument to the Clerk of the Circuit Court for recording in the
Public Records of Dade County, Florida.
Section 4. This Resolution shall become effective
Immediately upon Its adoption.
The herein authorization Is further subject to compliance
with all requirements that may be Imposed by the City
Attorney, Including but not limited to those prescribed by
applicable City Charter and Code provisions.
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96- 13
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PASSED AND ADOPTED this 25th day of January , 1996.
,& & GRI 040,4
TEPHEN P. CIFARK
MAYOR
ATTE T:
W LTER FOEMAN
CITY CLERK
SUBMITTED BY:
f.jze-v,—
WALDEMAR E. LEE
DIRECTOR OF PUBLIC WORKS
LEGAL REVIEW:
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A. QU4f4N J E III
CITY ATTOR
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96- 13
RELEASE OF COVENANT RUNNING WITH THE LAND
THIS RELEASE OF COVENANT, made and entered Into this
day of 19961 by the Clty of Miami, a
municipal corporation, of The State of Florida (the "City") Is in
favor of Jeneco Construction and Development Corporation, a
Florida Corporation (the "Covenantor").
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RECITALS: r
WHEREAS, Covenantor did make, execute and deliver to the
City a certain Covenant to Run With the Land (the "Covenant")
dated July 3, 1973; and
WHEREAS, the Covenant was duly recorded on July 19, 1973 In
Official Record Book 8390 at Page 560 of the Public Records of
Dade County, Florida; and
WHEREAS, the Covenant requires the Covenantor to disconnect
the temporary sanitary sewer force main and reconnect the
sanitary sewer outfall from the Premises (as this term Is defined
In the Covenant and herein below) to the new sanitary sewer
system provided by the City to serve this Premises; and
WHEREAS, In April, 1987 the Covenantor obtained City of
Miami permit no. P 87-2236 and completed the required sanitary
sewer connection to the new sanitary sewer system;
NOW, THEREFORE, in consideration of the fact that all the
conditions of the aforesaid Covenant have been met, and there
being no further reason for Its existence, the City does hereby
and herewith release, relinquish and forever discharge the
Covenantor, its heirs, successors or assigns, of and from any
lien, encumbrance, effect or requirement of the aforesaid
Covenant To Run With the Land on the following described
property:
Lot 2 of "CLARK FARMS" according to the Plat
thereof, as recorded in Plat Book 42, at Page 23 of
the Public Records of Dade County, Florida A/K/A 345
N.W. 57 Avenue
(the "Premises") and hereby directs the Clerk of the Circuit
Court to cancel the same of record.
IN WITNESS WHEREOF, the CITY OF MIAMI, a Municipal
Corporation of the State of Florida, in the County of Dade, has
caused this Instrument to be executed and signed In Its name and
Corporate Seal to be affixed hereto, by Its City Manager and City
Clerk both thereunto duly authorized.
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96- 13
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Signed, sealed and delivered
in the Presence of:
CITY OF MIAMI
1st Witness to Signature By:
Cesar H. Odio
City Manager
Print Name
Print Address
City, State and Zip Code
2nd Witness to Signature
Print Name
Print Address
City, State and Zip Code
ATTEST:
By
Walter J. Foeman
City Clerk
STATE OF FLORIDA)
) SS:
COUNTY OF DADE )
The foregoing Instrument was acknowledged before me this
day of 1996 by CESAR H. ODIO and
WALTER J. FOEMAN, City Manager and City Clerk, respectively, of
the City of Miami, a municipal corporation of the State of
Florida, In the County of Dade, on behalf of the City of Miami.
They are 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:
Notary Public, State of
Florida at Large
THIS INSTRUMENT EXECUTED
PURSUANT TO RESOLUTION
NO. ADOPTED
, 1996 .
THIS INSTRUMENT PREPARED BY
THE DEPARTMENT OF PUBLIC
WORKS CiTY OF MIAMI, FLORIDA
��r
CITY OF MIAMI, FLORIDA -CA=19
INTER -OFFICE MEMORANDUM
TO: Honorable Mayors and Members
of the City Commission
FROM :
Cesar o
City er
RECOMMENDATION:
DATE : JAN " 9 1996 FiLE :
SUBJECT* Release of Covenant to
Run With the Land -
345 N.W. 57 Avenue
REFERENCES :
ENCLOSURES: Resolution, Covenant
It Is respectfully recommended that the City Commission adopt the
attached Resolution authorizing and directing the City Manager and
City Clerk to execute an Instrument formally releasing and
cancelling that certain Covenant to Run With the Land at 345 N.W.
57 Avenue.
BACKGROUND:
In 1973, the owners of the property at 345 N.W. 57 Avenue proposed
to construct a 24 unit apartment building. Since public sanitary
sewers were not serving the site at the time of construction , the
owners requested the City to permit the construction and operation
of a private sanitary sewer force main under the public street
right of way to serve the new apartment building. A permit was
granted subject to the owners executing a Covenant to Run With the
Land whereby the owners assumed all responsibility for the private
force main and Its abandonment and reconnection to the public
sanitary sewer system when the City extended the system into the
area. In April, 1987 the property owners obtained a City permit
and completed the required sanitary sewer connection to the new
sanitary system.
All of the conditions of the Covenant to Run With the Land have
been met and there being no further reason for its existence, it
Is respectfully recommended that the City release and cancel this
Covenant.
N_
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6 COVENANT TO RUN WITH Tf:E LAND
THIS COTENANT, made and entered into this day of f
A.D., 1973, by and between JENECO CONSTRUCTION AND DEVELOPMENT
CORPORAT_JN, party, vl ua.. - 11- J a. iit... a.ci v
_ ic..
and THE CITY OF MIAMI, a municipal corporation ofthe VState of ,Florida,
in the County of Dade, party of the second part, hereinafter called CITY:
WITNESSETH:
THAT WHEREAS, JENECO CONSTRUCTION AND DEVELOP:ND—ENT.CORPORATION
is the fee owner of the following described parcel of,land, to wit:
Lot 2 of CLARK FARMS, according to
the Plat.thereof, as recorded in _
_....Plat.. Book 42, Page' 23,.of the Public
Records of Dade County, Florida; and .
WHEREAS, the .OWNER has proposed to construct a building containing
24'apartments at 345 N. W. 57 Avenue, and. has requested from, the CITY
a. permit to construct, operate and maintain a-. temporary •4-inch-sanitary
.sewer••force main -.to provide the aforesaid - apartments with sanitary
sewer service, including all of the necessary pipes and appurtenances
under the surface of certain streets and -avenues -in The City of Miami,
as hereinafter designated, and connect to a 16-inch sanitary sewer
interceptor force main, as provided by the private sanitary sewer
force main owned'by Maule'Industries;•and
WHEREAS, the OWNER will operate and maintain said sanitary sewer
force main system in such a manner that the sewage from said apartments
will -flow through said force main and be discharged into the 16-inch
sanitary sewer -force main owned by.Maule Industries on the east side
of N..W. 57.Avenue south•.of N:W. 7 Street (as per attached agreement).
NOW, THEREFORE, in consideration of the premises and benefit
which will accrue the OWNER -from the construction, operation and
maintenance of said sanitary sewer force main system through, across,,
along and under the surface of .certain streets and avenues in the City
of Miami as hereinafter designated, the OWNER, which term includes its
successors in interest and/or assigns, does hereby covenant and agree
with the CITY as follows:
1. After a permit has been.issued by the CITY, the OWNER will
cause to be constructed or installed'a temporary sanitary sewer force
1 main, including the installation of necessary pipes and appurtenances
under the surface, and/or along the following specified route:
From the proposed pump station located
on the OWNER'S property entering into
the East side of N.W. 57 Avenue about
290 feet ± North of the centerline of
N.W. 3 Street, to an existing 16 inch
fore main in N.W. 57 Avenue.
2. The OWNER shall submit to the'.Department of Public Works
plans and specifications for approval prior to the construction of
said sanitary seller force main and a complete set of VAS BUILT"
plans after construction of.this force main has.been completed,
said plans and specifications to be prepared by a professional
engineer, registered in the State of Florida; and
3. The OWNER shall submit to the Department of Public Works
certified'survey notes of initial staking and final measurements, to
be done by a land surveyor registered in the State of Florida, said
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certified survey notes shall show sufficient ties with the various
street monument lines established by the CITY to enable the said
force res,n to be:.., rate, . , n e•a .. _3 a:
elevation and also show the elevation of the top of the force main
at each chcngs c•f iai:4 i:aia :: av4iivL c'nd •1JCation
of all existing underground utilities uncovered during the construc-
tion of said force main; and
4. The OWNER shall assume all•responsibility, hold the CITY
harmless forever and agree to pay for any damage or claim of damage'
which may be against the CITY which results directly or indirectly
from the construction, operation, maintenance,'repair'and/or removal
of •said sanitary sewer force main or any part thereof, and in the
event o damage to the force main, requiring the making of repairs,
from any cause whatsoever during. the life of this. Covenant, the OWNER
shall cause such repair to be made forthwith, whether in any way
responsible for the damage or not; and
5. The OWNER shall operate and ma tita.in. said force main in a
manner that prevents it from being or becoming a nuisance or
detrimental to public health and safety or injurious to adjacent
property -public or private, and install and pay .for such other
controlling devices as might. be required by.the. Department. of
Public Works of the CITY; and - -
6. The OWNER shall restore the streets to their original
condition, insofar as practical in the opinion of the CITY'S :
Director of the Department of Public Works, and to furnish the CITY
a 2-year Maintenance Bond in the amount of $ 1,000.00 to guarantee
the maintenance and repair of any faults or excessively settled or
sunken areas that may develop in any area above the trench•of said:
sanitary sewer force main to the satisfaction of the Department of.,
Public Works; and
7. The -OWNER shall disconnect said temporary- sanitary sewer
force main, and reconnect the sanitary sewer outfall from the•apartments
to the -new sanitary sewer system to be provided by the.,*CITY to serve
this property as a part of a future sanitary sewer- assessment district
and upon written request to the OWNER, the.CITY''rill by resolution and
instrument release the said Covenant To Run With: The 'Land which.'has
been signed and executed by the OWNER: and
8. The OWNER shall accept special assessments and pay the
proportionate part of the cost for the construction of a sanitary
sewer improvement abutting this property, whenever the CITY extends
the sanitary sewer service in thisarea; and
9. The OWNER shall relocate, remove, extend or abandon at its`
own cost and expense said sanitary sewer force main, when and if the
Director of the Department •of Public Works determines that•this,•is
necessary or advisable; and
10. The.OWNER shall obtain from all other'governmental agencies
the required and necessary permits and approval for the construction
and corrections of said sanitary sewer force main; and
11. The OWNER shall hold the CITY harmless from any liability
established by law arising out of the 'granting of this COVENANT, and
will defend or cause to be defended, any action brought against the
CITY in connection herewith; and the OWNER shall carry a general
comprehensive liability insurance policy, which will include
automobiles and independent contractors, in the amount of $100,000/
$300,000 bodily injury and $50,000 property damage. Said insurance
shall provide that the CITY be given at least thirty (30) days•
advance written notification of cancellation of any policies. The
above policy is to be such as will hold the CITY harmless from any
liability whatsoever arising out of the granting of this COVENANT -
and said policy to be renewed from time to time to keep it in full
force and effect; and
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96- 13
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12. The OWNER agrees that the right to use the CITY'S avenues
• and streets '_^areir, da�signRtcpd for the nonstrugtion,. operation and
maintenance of said sanitary sewer force main shall not be assignable,
in whole or in. part, without the writtan consent and approval. of the
CITY'S Director of the Department of Public Works.
It is expressly agr•-�ed that th.Lz in:t uz art and nbl--vatic:^,
be binding on the 0WNER, its successors in interest or assigns, and
shall be a condition implied in any conveyance or other instrument
affecting the title to said property or any'part thereof.
IN WITNESS WHEREOF, the OWNER has caused these presents to be
executed and signed in its name by its proper officers, and its �:�3.11:1;;�''
corporate seal to be affixed hereto and atteste o—by—' creti�4.........
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the day and year first above set forth.
Signed, Sealed and Delivered �,jQONSTRU
. 40�'in the Presence of: JENEC C,T/ T AND , ;�, %;I a.
—�� TL•'EJO C B•SIO, President
'CESAR JENER, Secretary
STATE OF FLOR,3DA ) '
COUNTY OF DADE
T HEREBY CERTIFY that on this day of "'� ;•A.D:•1973,
before me personally appeared ALEJO COSSIO and CESAR JENER, President..
and Secretary respectively of JENECO CONSTRUCTION AND DEVELOPMENT .
CORPORATION, a corporation under the laws of the .State of Florida, to
me known to'be the persons who signed the -forgoing instrument as such..
_ officers and severally acknowledged the execution- thereof to be their ;
free act and deed .as such officers
for the uses and purposes. therein '.
and that they affixed thereto the official seal .of. said ' .-
.--mentioned
corporation, and that the said instrument is the act and.deed of said
corporation.
`
�;oS • jl IJ4,
WITNESS my hand and 'oficial seal at Miami; County of Did arici•,,�r,
"
State of Florida, the day and year
last aforesaid. = �• J'''f
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Vrt: r:, P ):':. I? of 9 aY L'rg:
ii1 co^.T.in 1•jn exrlres Oct. 25, 1?7i
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conded by. Tra nsemerica Icuuranoe Co,
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My Commission Expires:
Notdry Public, State:,.D�F
at Large
='"nn,L«met:•" ••
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,
APPROVED AS TO FORM & CORRECTNESS
APPROVED'AS TO DESCRIPTION
17
�.y i Atto net
Director, Department of Public
d Al
•Works ,
This Instrument Prepared by
Anthony-C. Bacotti
Department of Public Works
ncwe!orraFc+n'14ao4►;;',.;j
City of Miami, Florida
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