HomeMy WebLinkAboutR-89-0518J-89--470
4-6--89
RESOLUTION NO.
A RESOLUTION AUTHORIZING AND DIRECTING THE
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CITY MANAGER AND CITY CLERK TO EXECUTE AN
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INSTRUMENT FORMALLY RELEASING AND CANCELLING
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THAT CERTAIN COVENANT TO RUN WITH THE LAND
EXECUTED BY BURTON GOLDBERG, AS TRUSTEE, AND
INDIVIDUALLY JOINED BY HIS WIFE JOYCE GOLDBERG
AND SAILBOAT BAY, INC., A FLORIDA CORPORATION,
CONCERNING THAT PROPERTY KNOWN AS "SAILBOAT
BAY SUBDIVISION" AS RECORDED IN PLAT BOOK 84
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AT PAGE 80 OF THE PUBLIC RECORDS OF DADE
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COUNTY, FLORIDA.
WHEREAS, Burton Goldberg, as Trustee, and Individually
Joined by his wife Joyce Goldberg and Sailboat Bay, Inc., a
Florida Corporation, (hereinafter Jointly referred to as
"OWNERS"), 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 relates to the OWNERS agreement with
the City of Miami to accept the assessments. for sidewalk and
highway Improvement projects and to pay the proportionate part of
the cost for the construction of standard and depressed six (6')
foot wide sidewalk, standard and depressed curb and gutter,
asphaltic concrete pavement and landscaping on that portion of
South Bayshore Drive abutting that certain plat entitled SAILBOAT
BAY SUBDIVISION, as recorded In Plat Book 84 at Page 80 of the
Public Records of Dade County, Florida; and
WHEREAS, said Covenant was duly recorded on March 19, 1969,
In Official Record Book 6329 at Page 631 of the Public Records of
Dade County, Florida; and
WHEREAS, the OWNERS have complied with, and fulfilled the
terms of the aforesaid Covenant;
CITY COMMISSION
MEETING OF
JUN 7 1989
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NOW, THEREFORE, BE 1T 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
thereto and Incorporated herein as If fully set forth in this
Section.
Section 2. That Covenant To Run With The Land, recorded In
OffIcIaI Record Book 6329 at Page 631 of the Public Records of
Dade County, Florida, executed by Burton Goldberg, as Trustee,
and Individually Joined by his wife Joyce Goldberg and Sailboat
Bay, Inc., a Florida Corporation, relating to "Sailboat Bay
Subdivision", as recorded in Plat Book 84 at Page 80 of the
Public Records of Dade County, Florida, is hereby released and
cancelled.
Section 3. The City Manager and City Clerk are hereby
authorized and directed to execute an Instrument formally
releasing and cancelling the aforesaid Covenant, and forwarding
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 pursuant to law.
PASSED AND ADOPTED this 7th day of June 1989.
ATTEST:
MATTY HIRAI, CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
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J RGE . F RNANDEZ
CITY ATTOR EY
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AV I ER L . WAREZ , MAYOR
PREPARED AND APRROVED BY:
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
CITY OF MIAMI, FLORIDA CA=35
INTER -OFFICE MEMORANDUM
To: Honorable Mayor and Members of
the City Commission
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Cesar H. Odio
City Manager
RECOMMENDATION:
DATE : MAY 3 0 'gag FILE
SUBJECT : Release of Covenant
To Run With The Land,
"Sailboat Bay Subdivision"
REFERENCES:
ENCLOSURES: Resolution
It is respectfully recommended that the City Commission adopt the
attached Resolution releasing and cancelling a Covenant To Run
With The Land relating to the "Sailboat Bay Subdivision", more
commonly known as the "Mutiny Hotel".
BACKGROUND:
On March 19, 1969, the owner of the newly created "Sailboat Bay
Subdivision", now commonly known as the "Mutiny Hotel", executed
a Covenant wlth the City of Miami to accept the assessments for
sidewalk and highway Improvement projects and to pay the
proportionate part of the cost for the construction of sidewalk,
curb and gutter, asphaltic pavement and landscaping on that
portion of South Bayshore Drive abutting the "Sailboat Bay
Subdivision".
In 1973, the City of Miami rebuilt South Bayshore Drive In front
of "Sailboat Bay Subdivision", Including new sidewalk, curb and
gutter, pavement and landscaping as part of South Bayshore thrive
Highway Improvement. The owners of Sailboat Say Subdivision,
were assessed their proportionate cost of the highway
Improvement, paid the assessment and the lien against Sailboat
Bay Subdivlslon for highway Improvements constructed under South
Bayshore Drive Highway Improvement, B-4342. The lien was
therefore satisfied and removed from the records.
The improvements constructed under South Bayshore Drive Highway
Improvement 8`4342 and the subsequent payment of the assessment
satisfy the requirements of the Covenant To Run With The Land
relating to the Sailboat Bay Subdivision. The property is
currently being sold and the new owners have required "clear
title" to the property Including release of Covenant To Run With
The Land.
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