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Home My WebLink AboutR-96-09040 J-96-1313 12/12/96 RESOLUTION NO. 9 6 — 9 04 A RESOLUTION, WITH ATTACHMENT(S), RELEASING A COVENANT TO RUN WITH THE LAND, ATTACHED HERETO AS EXHIBIT "B" AND MADE A PART HEREOF; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE RELEASE OF COVENANT RUNNING WITH THE LAND, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AS EXHIBIT "A", TO FORMALLY RELEASE AND CANCEL THAT CERTAIN COVENANT TO RUN WITH THE LAND RECORDED IN OFFICIAL RECORDS BOOK 8173 AT PAGE 104 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA AND ATTACHED HERETO AS EXHIBIT "B" . WHEREAS, on March 9, 1973, a Covenant to Run with the Land (the "Covenant") was executed by Walter Falk and Stanley Spieler, the then owners of certain property hereinafter described (the "Prior Owners") recorded in the Public Records of Dade County, Florida, at Official Records Book 8173 at Page 104, and a copy of which is attached hereto as Exhibit "B"; and WHEREAS, the City of Miami required the Covenant in 1973 as a condition for the issuance of a building permit; and WHEREAS, said Covenant concerns the property located at Lots 4 & 5, less the East 15 feet thereof and all of Lot 6 in Block 10 of EDGEWATER SUBDIVISION, according to the Plat thereof recorded in Plat Book 2, at Page 31 of the Public Records of Dade County, Florida and Lot 10, in Block 10 of EDGEWATER, according to the ATTACHMENT�5) CONTAINED CITY COMuSSIQN MEETING OF DEC 12 1996 Resolution No. 96-- 904 r W Plat thereof recorded in Plat Book 2, at Page 31 of. the Public Records of Dade County, Florida (the "Property"); and WHEREAS, the Covenant provides that it shall "run with the land and be binding upon the respective heirs and assigns of the parties hereto for however long said building shall exist"; and WHEREAS, the City Manager or his designee has advised the City Commission that all buildings located on the Property have been demolished and the Property is now vacant; 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 Covenant to Run With the Land, a copy of which is attached hereto as Exhibit "B", is hereby released and i canceled. j Section 3. The City Manager and City Clerk are hereby authorized to execute the Release of Covenant Running With the Land, in substantially the form attached hereto as Exhibit "A", which formally releases and cancels the aforesaid Covenant. Section 4. This Resolution shall become effective immediately upon its adoption. - 2 - ORIS PASSED AND ADOPTED this 122,th day of December, . 1996. JO OLLO, MAYOR ATTEST: WALTER . pEMJ CITY CLERK{ PREPARED AND APPROVED BY: I 4 G. RI AM PpR, CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A Q J �04 i CITY ATTO III fW1322:GMMjamk - 3 - I duty 6 B Ub44; # 2/ EXHIBIT "B" '7�1t 5040C 't3 w1A 13 PH 1 : 0' M 8173 i 104 aRe.s 'a so0b" Von"" eat e ace tM entero of the rvalw Arq AseortN a wrsitl Los8 t a g 1000 tnd taab IS ft. thasoot &nt RL), oilLaA 4k LK *look ib cods at;.cawt�MVX% avtso xszow L" to the Ola*. M0oOOR Ol OS40 Coieltyaar 93, •u �600 si 0' tS VaAA4 LAC 30. In Mack to of EDO> MWK, asearfl t o OaO Palo �theCipt t Od $A VAAS Rook a, at V&" Or the V%bllo Ra clmr*• ON DAMA C~tv TAOCS44 at 4p � %4AU06 ors V" sale 1At &M TAM 4" ssAlu T No rr rti" ea �. M w'aaa aOa ft"AtLot► . pt'eevlf.I okoertlal stwro as INW"% sea, & A tw 604",osteo aj..rwatsa ass am W* rtr "O"islai above as twaoi oor Les $Ao /YroMae of a pw*tN laa Sor the a" &VA srMH* of Parasb Wit 4040 vl .0.0 Wte ULty of Ktaat. rlwlslo, N a oendiesen t.r tom. i.saaaaa at a <sWMieR vend$ Bar um •rwiioo of a O b"4tion ow oereei Ste aa• t+tasol"d *At a. yarpaum% oeear+oht ter pwleLnx Z44"msi tw 4raa usa la rt+h9` of Fare.& M v oh ?a;eab sor. t1a® fti# f17tiR jt a. rAVX and O'PA7U= No XVZ$tall �apltp7A etako Uw t*UotN% Weems% " a ovta►not as fen wMh taw Uh4t �• Its% to aallet+leve"64 It %be iA IUMe of a be""?* MOA41 ter %M woe" Or a sn st#44tA4A a+► the ft%v o Mew&looe lo'of @ Wo A 901"111A2 0aeeM66% larfthe. up" all AU Wks wavers at 04a pregert/ $A PAr ftSta 4MM"d t" raver of the prolegt and'rU%llr# owners of /*reel "A"a this eaaaaaas it. run with the land and to be bl"dIns ayen d,e reepceti.e h4L" am evisigne of Um part&" *wrote ter f wgvor tsa* eeitl WAnew Vilbli! **Let. , tM %rt7Vfa.! 1 =rAV UM wworpts"d IWts harosvi" a4tt tMLr k4ft" *Ad 0/419 Uis lottA dAr of waeaA 1073 a + a IM• Flaay Mal iota � � ti AJi ay 9t. tse+.aj i sea&? �./..,.� was wo..iY+r�...awvw. V ON. ■ a A3 motors ors 9WOOWALsr op"Aree VAli A a. r76 A sad ="*Mw a. drtMk to Me V434 karon 444 ioloim OO nw tR it u1. ioatrtftslo Agswi.'604 tt " %Me aw- tww 04 laree►114 Ansl m&4 044 Mlc+wioestd "core tw WWI$ gh4w MOalleel��.,` aw O Ifr V% pd•peetf thre•oim 4spreeoe0/ aK •iN my lava* e1.il a *tno oai+e 0: Ma+t'ab, � e19 !] the cam tRy eA taN UOtl • � ' « �!L titlR!l�81�E0 Le i 1�(74 o • y • ,�,,,,,�,� _...+.fit -I , , r..1, • i wM�ii..1 �i�.gYwi•�IwV�yp aWeM�f�s Iwo Ism& ,� •.'• 0 k S ooftonCw1 m+i�Mq w�.�ti� alit �' 96— 904 0 rjy/f2!96 10;54 GARY A.,-\ ALA. / GREENBERG TRAURIG -► 305 579..3534 NO. 168 9M COMPOSITE EXHIBIT "A" This lneta,m t proared by or under the sUpanrbtan of OM aftu troor" Www1d M r*wrmd Am): Name atewn All. kethuu%!Esquire Addrmi Greenberg, Tramp, Noftw, Upoff, Rown & Querifel. PA, 12219r1dO Avenue Miami, Fiot1W 33131 THIS RELEASE OF COVENANT RUNNING WtM THE LAND ('Relewm of +Covenant j is made as of the _ day of ,, 1298 by the CITY OF MUM, FLORIDA. a municipal Corporation (°CWA. WHEREAS: A. simkins Industries, Inc., a Delaware corporation dlb/a Westfield Financial Co"ralion t~Ownar°) Is the owner of certain property basted in Miami. Dade County, Florida, more palticularly dawAbed on Exhibit "A" attached hereto and by this reeferemw made a part hereof (the'Ptapertyl. S. The City, as a condition to the lesuance at; a bua'M'mg permft, caused the then owner of the Pmpedy to extscute and record that certain Covenant iRurmbV with Land dated March 9, 1073 and mcoi ded March 13, 1973 In WOW Records Book 8173; at Page 104 of the Public Records of Dade County, Florida (10e "Cvveriant ). C. The Covenant provides. among other tom, rust the easement dewilbed in the Covenant shall be biriding however tong a buWdin4 she# exast anti as of the dale this Release of Covenant was executed, there were no buildings located on the Property. NOW, THEREFORE, In consideration of the sum of $10.00 and other good and valuable consideration, the ttec alpt and sufficiency of which are hereby acknowledged, the City agrees Ss fallowa U 904 r 12/12/96 10t54 GARY A. SAUL i GREENBERG TRAURIG -r 305 5793334 N0.16S M5 1. The foregoing rositals are true and ooRred and are incorporated herein by reference. a. The Covenant and the easement described therein are hereby forever My released, t. canceled, terminated, extingulshed and held for naught and the Property subject to the Covenant Is released and relieved from the burden and encumbrance of the Covenant and the emmont described therein. The Clerk of the Circuit Court of Dade County is hemby directed to cancel the Covenant wherever the same appears among the Publio Recants of Bade County, PrIorlds. IN 1MTNESS WHEREOF, We undersigned has executed this Release of Covenarn Running With the Land as of the day and year first above wrMen. Signed, Sealed and Delivered In the presence of: THE CITY OF MtAMI, a municipal corporation Print Name: Print Name: STATE OF FLORIOA 9S: COUNTY OF DADE } The foregoing instrument was ao 0w1edged bef'ote?!nw; this bar of ggS, by ae of the CITY OF WWI, a municipal corporation-,—on--'behalf Of the City Of MiaMl. MWISIhe/They Ware personally known to me or W produced as idenifffoatlon. Nerve: My Commission Expires; NOWY Pura Mete of Florida Cotrnn oo No.�,,,_____ INOTARIAL .Si"eALj 0 2- 96- 904 �-i 12l12l96 10: 54 GARY A. T 5AUL t GREE BERG TRAUR I S 4 305 VS 3334 140.168 PO4 THE UNDERSIGNED ('tawoff" j, being the record We t+older of the Property, hereby joins In and consents to the recordation or the foregoing Release of Covenant Running with the Lend Pe •Release'). Owner acknowledges and agrees that; 0 as of the date .the Release was executed. no buildings were located on the Property, and (14 Owner no longer desires the Covenant and the easement described therein to be binding on the Pmperty, In that regard, Owner hereby dimcis the Cleric of the Cimult Court of Dade County to cenml the Covenant wherever the same appears among the Public Records of Dade County, Florida. IN 1MITNESS WHEREOF, the undersigned has executed this Joinder by Landowner as of the day of December.1990, Signed. Sealed and Delivered In the presence of: Print Name: Print Name, STATE OF FLORIN ) SS: COUNTY OF DADE ) SIMKINS INDUSTRIES, INC., a Delaware cowmwn d/b/a Westtieia Financial Corpomdon ar, Nvm: Tit%; The Wowing Instrument was acknowledged before me tries — day of L7ataware, tM, by e3 I of SIMWNS INDLIMIES, INC,, a Delaware ourporation dVa WeMeld Finaneaal Corporation, on behalf of the corperatidn. He/She is personally known to me or has produced as Identification. My Commisslon Expires: -3- Nahatic: Notary Public, State of Florida Coratmission No. (NOTARIAL SEAL) go- 004 �i Fj ri2/96 10:55 GARY A. SSAUL i GREENBERG TRAURIG -► 305 579 3334 N0.168 D05 F PA T PVI Lots, a & 5, leas the East 15 ft. tl~ and all of Lot R id Woq 10 of EDGEWATER SUBDIVOON, according to the Plot thereof recorded in Plat Rook 2, at Pape $1 of the Public Reafts of Dade County, Florida atkla Parcel OA! of EOC4WATER AMENDED PLAT. according to the Plat thereof recorded In PW tlook 109, at Page 11 of the Public ReoOM of Oade County, Florida. Lot 10. In Block 10 of MOEWATER, according to the Plat thereof recorded in Ptnt Book 2,.at Pepe 31 of the Public Records of Dade County, Florida. 96-- 994 J t