HomeMy WebLinkAboutR-89-0517J-89-469
05/17/89
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RESOLUTION NO. S9 517
A 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
EXECUTED BY WEST FLAGLER ASSOCIATES LIMITED
CONCERNING A TEMPORARY SANITARY SEWER FORCE
MAIN TO SERVE THE WEST FLAGLER KENNEL CLUB AS
RECORDED IN OFFICIAL RECORD BOOK 7986 AT PAGE
927 AND RE -RECORDED IN OFFICIAL RECORD BOOK
8064 AT PAGE 731, BOTH OF THE PUBLIC RECORDS
OF DADE COUNTY, FLORIDA.
WHEREAS, West Flagler Associates Limited, a partnership, did
make, execute and deliver to the City of Miami, a municipal
corporation, a certain Covenant To Run With The Land pursuant to
Resolution No. 72-51, passed and adopted by the City Commission
at Its meeting of April 6, 1972; and
WHEREAS, said Covenant relates to the construction,
operation and maintenance of a temporary sanitary sewer force
main by West Flagler Associates Limited to serve the West Flagler
Kennel Club, a.k.a. Flagler Dog Track; and
WHEREAS, said covenant was duly recorded on November 15,
1972, in Official Record Book 7980 at Page 927 of the Public
Records of Dade County, Florida and re -recorded on January 5,
1973, 1n Official Record Book 8064 at Page 731, also of the
Public Records of Dade County, Florida; and
WHEREAS, the City of Miami completed construction of a
gravity sanitary sewer system to serve the property that Is
legally described In said Covenant, and the temporary sanitary
sewer force main authorized by the Covenant has been disconnected
and the aforesaid property has been connected to the new gravity
sewer system; and
CITY COMMISSION
MEETING OF
JUN 7 1989
WHEREAS, West Flagler Associates Limited has compiled with
and fulfilled the terms of the aforesaid Covenant and pursuant to
paragraph 7 of said Covenant, has requested the City to release
the Covenant To Run With The Land by resolution and Instrument;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Covenant To Run With The Land executed by
West Flagler Associates Limited related to the construction,
operation and maintenance of a temporary sanitary sewer force
main, as recorded in Official Record Book 7986 at Page 927 and
re -recorded In Official Record Book 8064 at Page 731, both of the
Public Records of Dade County, Florida, Is hereby released and
cancelled.
Section 2. The City Manager and the City Clerk are hereby
authorized and directed to execute an Instrument formally
releasing and cancelling the aforesaid Covenant, and to forward
said executed Instrument to the Clerk of the Circuit Court for
recording in the Public Records of Dade County, Florida.
PASSED AND ADOPTED this 7th
ATTE
MATT Y HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
day of June 1989.
Gc.vc.t!°i
X
AV IER L. AREZ, MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
J GE L. FERN NDEZ
CITY ATTORNEY
- 2 - 89-5171
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To: Honorable Mayor and Members of
the City Commisslon
DATE : SAY 3 0 1989 FILE
SUBJECT : Re I ease of Covenant -
West Hagler Associates Limited
(Flagler Dog Track)
FROM
REFERENCES:
:- CL' //V
&Cesar H. Odlo
ENCLOSURES
C 1 ty Manager
RECOMMENDATION:
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 to formally release and
cancel that certain Covenant To Run With The Land executed by
West Flagler Associates Limited concerning a temporary sanitary
sewer force main.
BACKGROUND:
The Department of Public Works, In an effort to serve all
residents of the City of Miami, Is proposing a resolution
authorizing the City Manager and City Clerk to execute an
Instrument to formally r.e I ease and cancel a certain Covenant To
Run With The Land executed by West Flagler Associates Limited In
1972.
Before sanitary sewers were constructed by the City In the
vicinity of the Flagler Dog Track located at 401 N.W. 38th Court,
the owner of the dog track sought permission from the City to
construct, operate and maintain a temporary sanitary sewer force
main to serve the track and Kennel club. Pursuant to Resolution
No. 72-51 passed and adopted by the Miami City Commission on
April 6, 1972, the owner of the dog. track, West Flagler
Associates Limited, was granted permission to construct the
aforementioned sanitary sewer force main In public right -of, -way.
In addition, West Flagler Associates Limited executed and
delivered to the City a Covenant To Run With The Land to protect
the Interests of the City relating to the construction, operation
and maintenance of the force main. The covenant was subsequently
recorded in the public records on January 5, 1973.
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t 89-5171
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Honorable Mayor and Members of
the City Commission
The City completed construction of a gravity sanitary sewer
system In 1984 to serve the Flagler Dog Track and all properties
In the area bounded by West Flagler Street, N.W. 7th Street, N.W.
37th Avenue and N.W. 42nd Avenue. The temporary sanitary sewer
force main Installed by West Flagler Associates Limited has been
disconnected and abandoned and the Flagler Dog Track and Kennet
Club have been connected to the City's new gravity sewer system.
West Flagler Associates Limited has therefore compiled with and
fulfilled the terms of the covenant and has requested the City to
release and cancel said covenant by resolution and Instrument.
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