The URL can be used to link to this page

Home My WebLink AboutR-94-0010J-93-786 10/15/93 RESOLUTION NO. 9 4 10 A RESOLUTION, WITH ATTACHMENT, ACCEPTING THE OWNERSHIP OF THE EXISTING STORMWATER DRAINAGE SYSTEM LOCATED IN THE PRIVATE STREETS, UTILITY PARKWAYS AND EASEMENTS IN THE BAY POINT SUBDIVISION FROM THE PROPERTY OWNERS OF THE SAID SUBDIVISION; FURTHER AUTHORIZING THE CITY MANAGED TO EXECUTE AN ABSOLUTE BILL OF SALE, IN SUBSTANTIALLY THE ATTACHED FORM, ON BEHALF OF THE CITY OF MIAMI WITH THE BAY POINT HOMEOWNERS ASSOCIATION, INC. WHEREAS, the existing stormwater drainage system draining the private roads within the Bay Point Subdivision were constructed by the developer of the subdivision and ownership of the system Is held jointly by the property owners of the Bay Point Subdivision; and WHEREAS, Chapter 53.5 of the Code of the City of Miami entitled "Stormwater" authorizes the City to construct, reconstruct, improve and extend stormwater utility systems and to charge fees for the services; and WHEREAS, all of the property owners of the Bay Homes Subdivision are charged a fee by the City for the stormwater management system; and WHEREAS, the property owners have requested that the City assume complete responsibility for the said stormwater drainage system Including the authority to perform any necessary Improvements to the system; and CITY CObUGSSION METING OF A N 1 3 1994 R000lution No. 94- 10 WHEREAS, in order for the City of Miami to assume complete responsibility for the stormwater utility system within the Bay Point Subdivision, It Is necessary that the City accept ownership of the said system; and WHEREAS, the City Commission finds it is In the best Interest of the residents of the City of Miami to accept ownership and maintenance responsibility for the Bay Point Subdivision stormwater drainage system; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings set forth In the Preamble to this Resolution are hereby adopted by reference and Incorporated herein as if fully set forth In this Section. Section 2. The City of Miami hereby accepts from the property owners of the Bay Point Subdivision ownership of all storm sewers and all pipes and other equipment of whatever nature constituting part of said storm sewers now located in the private streets (designated as roads, lanes and drives), utility parkways and easements shown and described on that certain plat entitled "Bay Point" as recorded In Plat Book 40, page 63 of the Public Records of Dade County, Florida. Section 3. The City Manager is hereby authorized 11 to execute an Absolute Bill of Sale, In a form acceptable to the City Attorney, with the Bay Point Homeowners Association, Inc. 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 Code and Charter provisions. -2- 94- 10 Section 4. This Resolution shall become effective Immediately upon Its adoption pursuant to law. PASSED AND ADOPTED this 13th day of January 15- 9 4 STEPHEN P. CLARY, MAYOR ATTES CITY CLERK SUBMITTED BY: W WALDEMAR E. LEE DIRECTOR OF PUBLIC WORKS LEGAL REVIEW: G. MIRIAM MA15R CHIEF ASSISTANT CITY ATTORNEY ZONING/DEVELOPMENT DIVISION APPROVED AS TO FORM AND CORRECTNESS: 'iQMN W o rar" iiAWMAVAP" - 3 - 94- 10 ABSOLUTE BILL OF SALE KNOW ALL MEN BY THESE PRESENTS, That the BAY POINT HOMEOWNERS ASSOCIATION, INC., a Florida not -for -profit corporation, hereinafter called GRANTOR which term shall Include the singular or plural as the context shall require, for and In consideration of the sum of Ten Dollars and other good and valuable consideration, paid and delivered by the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter called GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred and delivered, and by these presents does grant, bargain, sell, transfer and deliver, unto the GRANTEE, Its successors and assigns, the following: All storm sewers and all pipes and other equipment of whatever nature constituting part of said storm sewers now located In the private streets (designated as roads, lanes and drives), utility parkways and easements as shown and described on that certain plat entitled BAY POINT, as recorded In Plat Book 40, Page 63 of the Public Records of Dade County, Florida. TO HAVE AND TO HOLD the same unto the GRANTEE, Its successors and assigns forever. GRANTOR does covenant to and with the GRANTEE, Its successors and assigns, that GRANTOR is the lawful owner of the said property; that it Is free from all liens and encumbrances; that GRANTOR has good right to sell the same aforesaid; and that GRANTOR will warrant and defend the sale of said property, unto the GRANTEE, its successors and assigns against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, the GRANTOR has hereunto set Its hand and seal this day of , 1993. Signed, sealed and delivered In the presence of: BAY POINT HOMEOWNERS ASSOCIATION, INC. By. WITNESS Print Name: Title: WITNESS 04- 10 I ) l; ray. STATE OF ) COUNTY OF ) The foregoing Instrument was acknowledged before me this day of , 1993 by , as of BAY POINT HOMEOWNERS ASSOCIATION, INC., a Florida not -for -profit corporation, on behalf of the corporation. He is Personally known to me, or has produced as Identification and did (did not) take an oath. Signature of Notary Public Printed Name of Notary Public Commission No. Commission Expires: THE CITY OF MIAMI, FLORIDA CESAR H. ODIO, CITY MANAGER ATTEST: MATTY HIRAI, CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: kml A QUINN JONES, III CITY ATTORNEY 94- 10 JAN- 3-94 MON 11:26 PUBLIC WOr .7� FAX NO, 6796871 P, 02 CITY OF MIAMI, FLORIDA INTEROFFICE MEMORANI TO: Honorable Mayor and Members of the City Commission FROM : Cit ["IV i0 City ages RECOMMENDATION: CAw14 DATE : 0— "BAN ` A 190A FILE : F SUBJECT ; Resolution accepting ownership of the: Bay Point Subdivision stormwater REFERENCES :drainage system ENCLOSURES: Resolutions LOcatl.on Map it is respectfully recommended that the City Commission adopt the attached Resolution accepting ownership of the stormwater drainage system for the private roads within the Bay Point Subdivision from the property owners of Bay Point and authorizing the City Manager to execute an Absolute Bill of Sale for the stormwater drainage system of behalf of the City. BACKGROUND: The existing stormwater drainage system draining the private roads of the Say Point Subdivision presently drains public right of way outside the boundaries of the Bay Point Subdivision. ownership of the system, however, remains with the property owners of the subdivision who are responsible for .its upkeep and additional improvements, even though the City has occassionally maintained the system. Since the property owners of the Bay Point Subdivision now contribute to the City's Stormwater Utility Trust Fund, they have requested that the city assume complete responsibility for the Stormwater drainage system including the authority to perform any necessary improvements to the system as a responsibility assumed by the City of Miami in Chapter 53.5 Of the City Code entitled "Stormwater". In order for the Public Works Department to provide this service it is necessary that the City accept ownership of this existing stormwater drainage facility as pert of the City's Stormwater utility system. The property owners have agreed to this condition and desire to proceed with the transfer of ownership to the City. The transfer of ownership will be accomplished by an Absolute Bill of Sale. r 10