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HomeMy WebLinkAboutR-95-0021J-94-875 1/5/95 RESOLUTION NO. 95- 21 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND DELIVER TO JOSEPH A. BADIA AND NANCY L. BADIA, HIS WIFE, A DISCLAIMER FOR TWO EXISTING 6-FOOT WIDE UTILITY EASEMENTS OF TRACT 1, OF E. & J. SUBD. , ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 85, AT PAGE 92, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. WHEREAS, in 1968, after the filing of the tentative plat of E. & J. SUBD, the property owners, Lyle C. Lamson and Jean L. Lamson, his wife, and Robert S. Tyre and Edna D. Tyre, his wife, requested and the City of Miami granted a building permit for the construction of a warehouse at the said tentative plat site; and WHEREAS, the tentative plat of E. & J. SUBD. contained no utility easements; and WHEREAS, the warehouse was constructed before the filing of the final plat of E. & J. SUBD.; and WHEREAS, the final plat of E. & J. SUBD. that was accepted and approved by the City Commission on January 23, 1969, by authority of Resolution No. 4033, and recorded on March 18, 1969, in Plat Book 85 at Page 92, of the Public Records of Dade County, Florida (the "Property"), contains two 6-foot wide utility easements: one along the east side and another along the south side of the Property (the "Utility Easements"); and g CITY C41NiMIsmom DEETINC OF JAN 1 2 49,95 Rosolution No. 95- 21 WHEREAS, when it was later discovered that a portion of the warehouse was constructed across a portion of the Utility Easement lying along the east side of the Property, the said owners requested that the City of Miami grant them a disclaimer for the two Utility Easements; and WHEREAS, after a determination by the City Commission that there was no need for the Utility Easements by the City of Miami and that it was appropriate for the City of Miami to issue a disclaimer for the two Utility Easements, the City of Miami Commission, on September 9, 1971, passed and adopted Resolution No. 42783, which authorized and directed the City Manager and City Clerk to execute and deliver to the said owners a disclaimer for the two Utility Easements on the Property; and WHEREAS, a recent investigation this year by the City of Miami Public Works Department indicates that the disclaimer authorized by Resolution No. 42783 may not have been executed and delivered to the said owners; and WHEREAS, the Certificate of Title Examination dated September 5, 1994, and signed by Mr. Joshua D. Manaster, Attorney, indicates that the disclaimer authorized by Resolution No. 42783 is not recorded in the Public Records of Dade County, Florida, and that the fee simple title to the Property is correctly vested in Joseph A. Badia and Nancy L. Badia, his wife; and WHEREAS, the Property survey submitted by the said Mr. Manaster shows the warehouse as now lying across portions of both of the Utility Easements on the Property; and 95- 21 -2- WHEREAS, the Mr. Manaster has requested that the City of Miami execute and deliver to Joseph A. Badia and Nancy L. Badia, his wife, a disclaimer for the two Utility Easements on the Property; and WHEREAS, it has been determined by the City of Miami Public Works Department that there is no need for the two Utility Easements on the Property and the Public Works Department Director recommends the execution of the Disclaimer; 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 City Manager and City Clerk are hereby authorized and directed to execute and deliver to Joseph A. Badia and Nancy L. Badia, his wife, a Disclaimer for the two Utility Easements on the Property, as more particularly described in the Disclaimer attached hereto and by this reference made a part hereof, subject to the following terms and conditions: a) Nothing in this Disclaimer shall divest THE CITY OF MIAMI, FLORIDA, and/or its successors in interest, from that portion of the Property presently used for street and sidewalk purposes; and -3- 95- 21 b). Grantee shall be liable for all taxes and assessments imposed against the Property subsequent to the date of this Disclaimer Agreement; and c). This Disclaimer is a disclaimer by the City of Miami, Florida, only, and it is not to be construed as being a disclaimer by any other individual(s), agency(ies) or entity(ies). Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 12th day o January 1995. '�i STE HEN P. CLA K, MAYOR CITY CLERK PREPARED AND APPROVED BY: IRMA M. ABELLA ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A' QfTTN JO ES , III CITY TTORVEIMA/ms/bss851 05- 21 -4- e ;a LOCATION: S.W. 71 AVENUE -BETWEEN S.W. 4 STREET and S.W. 8 STREET DISCLAIMER THIS DISCLAIMER, made this day of , A.D 1995, by and between THE CITY OF MIAMI, a municipal corporation of the State of Florida, in the County of Dade, party of the first part, and Joseph A. Badia and Nancy L. Badia, his wife, whose business address is 501-519 S.W. 71st Avenue, Miami, Florida, party of the second part; and WHEREAS, THIS DISCLAIMER has been authorized by Resolution No. passed and adopted on the day of A.D. 1995. by THE CITY OF MIAMI, a municipal corporation of the State of Florida, and the terms and conditions set forth in said Resolution are made a part hereof, as though set forth in full herein and a copy of said Resolution is attached hereto as Exhibit "A"; and WITNESSETH: THAT THE CITY OF MIAMI, for and in consideration of the sum of One ($1.00) Dollar paid by the party of the second part, the receipt whereof is hereby acknowledged, does HEREBY DISCLAIM any and all title, interest, claim and right in and to the following described parcel of land, situate, lying and being in the City of Miami, County of Dade and State of Florida, to wit: 95 - 2 1 The two 6-foot wide utility easements of Tract 1, of E. & J. SUBD., according to the plat thereof, as recorded in Plat Book 85, at Page 92, of the Public Records of Dade County, Florida more particularly described as follows: The 6-foot wide utility easement having a west line which is 6 feet west of and parallel with the east line of said Tract 1 and an east line which is coincident with the east line of said Tract 1; and the 6-foot wide utility easement having a north line which is 6 feet north of and parallel with the south line of said Tract 1 and a south line which is coincident with the south line of said Tract 1 (hereinafter, collectively, the "Property"). SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1. That nothing in this DISCLAIMER shall divest THE CITY OF MIAMI, FLORIDA, and/or its successors in interest, from its interest in and use of that portion of the Property presently used for street and sidewalk purposes; and 2. The party of the second part shall be liable for all taxes and assessments imposed against the Property subsequent to the date of this DISCLAIMER AGREEMENT. 3. That this Disclaimer is a disclaimer by the City of Miami, Florida, only, and it is not to be construed as being a disclaimer by any other individual(s), agenoy(ies) or entity(ies). 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 in its name and its b5- 21 corporate seal to be affixed hereto, by its City Manager and City Clerk, both duly authorized this day of A.D. 1995. Signed, Sealed and Delivered in the Presence of Us: Witness to Both Signatures. Seal: PRINT NAME: Seal: PRINT NAME: STATE OF FLORIDA) COUNTY OF DADE) THE CITY OF MIAMI, FLORIDA BY: CESAR H. ODIO, CITY MANAGER ATTEST: MATTY HIRAI, CITY CLERK CORPORATE SEAL I HEREBY CERTIFY: That on this day, personally appeared before me, and officer duly authorized to administer oaths and take acknowledgments, Cesar H. Odio and Matty Hirai, City Manager and City Clerk, respectively, of the City of Miami, Florida, a municipal corporation of the State of Florida, who are personally known to me and who executed the foregoing instrument and acknowledged the execution thereof to be their free act and deed as such officers for the purposes therein expressed and who did not take an oath. WITNESS: My hand and official seal this day of A.D., 1995. Seal Printed Name of Acknowledger Notary Public, State of Serial Number: (if any) My Commission Expires: THIS INSTRUMENT IS EXECUTED PURSUANT TO RESOLUTION NO. APPROVED AS TO DESCRIPTION: WALDEMAR E. LEE DIRECTOR OF PUBLIC WORKS 95- 21 APPROVED AS TO FORM AND CORRECTNESS: A. Quinn Jones, III City Attorney This Instrument Prepared By A. Quinn Jones III, City Attorney Department of Law City of Miami, Florida Return to Department of Publio Works 278 N.W. 2nd Street, 3rd Floor Miami, Florida 33128 95- 21 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members DATE : DEC 22 1994 of the City of Miami SUBJECT: Resolution: Disclaimer SUBD. FROM : REFERENCES: Cesa o Ci i ty e r ENCLOSURES: RECOMMENDATION: CA=26 FILE : Easements for E. & J. It is respectfully recommended that the City Commission adopt a resolution authorizing the City Manager and the City Clerk to execute and deliver to Joseph A. Badia and Nancy L. Badia, his wife, a disclaimer for the two 6-foot wide utility easements of Tract 1, of E. & J. SUBD., according to the Plat thereof, as recorded in Plat Book 85, at Page 92, of the Public Records of Dade County, Florida. BACKGROUND: In 1968, after the filing of the tentative plat for E. & J. SUBD., the City of Miami was requested to issue a Special Building Permit in order that the construction of a warehouse could proceed prior to the execution of the final plat. The owners, Mr. and Mrs. Lyle C. Lamson and Mr. and Mrs. Robert S. Tyre, were granted a permit and they constructed the warehouse. The final plat of E. & J. SUBD. that was accepted and approved by the City Commission on January 23, 1969, by authority of Resolution No. 4033, and recorded on March 18, 1969, in Plat Book 85 at Page 92, of the Public Records of Dade County, Florida, contains two 6-foot wide utility easements: one along the east side and another along the south side of the plat property. In 1971, when it was discovered that a portion of the warehouse was constructed across a portion of the 6-foot wide utility easement lying along the east side of the plat property, the said owners requested that the City of Miami grant them a disclaimer for both of the easements. After it was determined that there was no need - by the City of Miami for either of the two easements, the Public Works Department forwarded to the City of Miami Commission a resolution authorizing the City Manager and City Clerk to execute and deliver to the said owners a disclaimer for the two 6-foot wide utility easements of Tract 1, of E. & J. SUBD., Plat Book 85 at Page 92. The City Commission accepted and approved the disclaimer on September 9, 1971, by authority of Resolution No. 42783. 95- 21 �Az6 a Recently, Mr. Joshua D. Manaster, Attorney, requested that Joseph A. Badia and Nancy L. Badia, his clients and the present owners of the E. & J. SUBD. plat property, be granted a disclaimer for the said two 6-foot wide utility easements. It would appear that Mr. Manaster's request should be granted, since: 1. A recent investigation conducted by the Department of Public Works indicates that the disclaimer authorized by Resolution No. 42783 may not have been executed by the City of Miami. 2. A recent opinion of title submitted by Mr. Manaster, for the subject property, indicates that the disclaimer authorized by Resolution No. 42783 is not recorded in the Public Records of Dade County, Florida. 3. The warehouse, after being added to, now lies across portions of both of the 6-foot wide utility easements of Tract 1, of E. & J. SUBD., Plat Book 85 at Page 92. 4. The Department of Public Works has determined that there is no need by the City of Miami for the two 6-foot wide utility easements of Tract 1, of E. & J. SUBD. , Plat Book 85 at Page 92; and the Public Works Department Director recommends the execution of an easements disclaimer. 95- 21